Can my landlord charge me to replace all carpets in my apartment if only one room has a stain?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my landlord charge me to replace all carpets in my apartment if only one room has a stain?
When I moved out of my apartment I had all of the carpets professionally cleaned, however there is one room that has a stain that could not be removed. Now my landlord is trying to charge me to replace all of the carpets in the whole apartment. There is no damage to the carpets in any room but the one. I have pictures. Should I take my landlord to court if they don’t mitigate the charges? I feel I am being taken advantage of.
Asked on June 2, 2012 under Real Estate Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It depens on the exact circumstances. If tenants stain carpet, the landlord is entitled to replace it; whether or not he can replace all of the unit's cargpetting, or just in that room, depends on whether the landlord effectively can restore the unit to it's pre-stain condition by only replacing one room's carpeting. In most cases, it would seem to be the case that that landlord could; however, if, for example, the carpetting carries through other rooms of the apartment but the landlord cannot get a good match for the damaged piece, the landlord would not be required to have mismatched carpetting in his apartment. In that circumstances, the landlord could likely require the tenant to pay to replace all the carpeting.
So if the landlord could restore the unit to it's pre-stain condition by only replacing the carpeting in one room, that's what he should do; but if he has to replace it all beause of the way the carpetting is laid or the difficulty of finding a match, he may do so.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.