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


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.

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 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.