If I lived in my apartment for 2 years, can my landlord charge me for the replacement of the carpet?

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If I lived in my apartment for 2 years, can my landlord charge me for the replacement of the carpet?

My landlord sent me a letter indicating the balance on my account. Although I agree with most terms of the letter they landlord is charging me $597 for replacement of the carpet. The carpet was according to the landlord heavily stained and soiled.

Asked on August 22, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Whether or not you are responsible for paying for the replacement of carpet in the unit you are renting is set forth in the written lease you have for the apartment. Read the written lease (assuming you have one) carefully in that its terms control the obligations you owe your landlord and vice versa unless in conflict of state law.

If the lease states you are responsible for such replacement beyond normal wear and tear, you would be responsible for such costs.

You need to be aware that many landlords try to have a tenant pay the costs of carpet replacement under the pretense that the carpet has been "damaged" by the tenant where in reality, the carpet through normal wear and tear simply wore out on its own without any abuse by the tenant.

The laws of most states do not hold a tenant repsonsible for normal wear and tear replacement of articles in the unit they are renting.

Good question.


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