Are we obligated to pay to replace the carpets if they need to be replaced anyway based on problems that we did not create?

My complex is requesting payment of $1,300 to replace carpets. While living there: the toilets over flowed every time they were flushed and leaked onto our carpets through the 2nd floor onto our living room carpet (not our fault at all as management ended up replacing both toilets and we never had the issue again); the bedroom closet had pipe leak which caused mold to grow on my furniture that was in there(not our fault that the pipe leaked); and the upstairs neighbor had illegal breed dog (pitbull) that they left on balcony to urinate through onto my patio furniture, sliding door and patio (management did nothing).

Asked on July 23, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have every right to contest your complex's charges for new carpets of $1,300 IF the carpets being replaced were not brand new. Custom and practice in the rental industry is that carpets are depreciated over a period of seven (7) years and the tenant is normally not responsible for normal wear and tear.

If you wish to fight the charge, do it. You may wish to speak with a landlord tenant attorney concerning further questions that you may have as to your matter.


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