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Before you move into a rented Home or Apartment, be sure
to do a walk through with the owner or property manager.
Why? Because when you move
out, the landlord may attempt
to charge you for "damages" to the unit. What
defines damages is often contested and the tenant, unless
they have a move-in-checklist and pictures, may lose out
in court.
SEE OUR COMPLETE GUIDE
TO NORMAL WEAR AND TEAR
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| CARPET
DAMAGE |
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A landlord can only withhold for damages only amounts
that are deemed reasonable for the damage claimed. If a
defect existed before you moved in, you should not be
charged for that particular problem. The importance of
pictures and a move-in checklist cannot be stressed
enough.
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| Normal
Wear and Tear is vague term and means different
things to different people. So protect yourself.
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| CALCULATING
THE ACTUAL COST OF CARPET DAMAGE
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One
common method of calculating the deduction for replacement
prorates the total cost of replacement so that the tenant
pays only for the remaining useful life of the carpet
the tenant has damaged or destroyed.
For example, suppose a tenant has damaged beyond repair an
8 old carpet that had a life expectancy of ten
years, and that a replacement carpet of similar quality
would cost $1,000. The landlord could properly charge only
$200 for the two years’ worth of life (use) that would
have remained if the tenant had not damaged the carpet.
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| ORIGINAL
COST OF CARPET |
$1,000 |
| Expected life of carpet |
10 years |
| Depreciation charge ($1,000 / 10) |
$100 per year |
| Age of carpet |
8 years |
| Carpet Life Years Remaining |
10 years - 8 years = 2 years |
| Value of 2 years Carpet Life
Remaining |
2 years * $100 per years = $200 |
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NOTE:
There may be some disagreement over this landlords - who
feel if the tenant DID NOT CAUSE THE DAMAGE TO BEGIN WITH,
the Carpet would still be used and the landlord would not
have to incur the costs of replacing the carpet AT ALL.
NOTE:
NOT ALL COURTS RENDER THE SAME DECISION. THIS IS A GENERAL
EXAMPLE, NOT FACT.
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Normal:
(Typical) |
Find
a Lawyer |
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With
regular use, a carpet will wear depending how much
traffic use it receives - kids, pets, regular path
to walk on will cause a carpet to wear.
A carpet that is never cleaned will gather dirt,
dust and wear even faster, as the dirt will break
down the fibers.
BEFORE YOU MOVE IN,
LOOK AT THE CARPET.
See if it has been cleaned. Smell the carpet -
does it smell clean? Does it smell like pet urine?
Is it damp or smell moldy? Look for stains,
wet spots, worn sports and difference in color.
The difference in carpet color may be from where
the previous tenant had furniture or the carpet
was cleaned. Old,
worn carpet when you moved in or furniture
marks in carpet. The natural wearing down of
carpet because of normal use or
aging.
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CARPET
DAMAGES MAY INCLUDE |
Find
a Lawyer |
-
Tear
in carpet
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Animal stains (even if landlord knew
you had a pet).
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Burn marks - iron, cigar,
cigarette
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Ground in stains.
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Subfloor
damage (the floor under the carpet may get damaged
from spilled liquids, excessive
cleaning/wetting of stains
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Fleas
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Failure
to regular clean
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