Landlords replacing carpet after move out

I just moved out of an apartment I had lived in for just short of 3 years, and received a bill that the landlords are replacing the carpet, and charging me for it. I feel as though I’m being overcharged, since someone else I know told me that the bill has to be pro-rated, and I should only be paying for the remaining 2 months on the life of the carpet. Is this true?

Asked on July 2, 2009 under Real Estate Law, Virginia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most states, you're only liable for damage that exceeds normal wear and tear.  So it sounds like you might be right here.  The problem, now, is going to be proving that.

Digital photographs basically cost nothing, once you have the camera.  Make a video, or a very detailed set of images, as the last thing you do when you move out of a rental apartment or house.  It's evidence that's hard to argue with.  And doing the same thing when you move in, so you have something to compare with, isn't a bad idea either.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most states, you're only liable for damage that exceeds normal wear and tear.  So it sounds like you might be right here.  The problem, now, is going to be proving that.

Digital photographs basically cost nothing, once you have the camera.  Make a video, or a very detailed set of images, as the last thing you do when you move out of a rental apartment or house.  It's evidence that's hard to argue with.  And doing the same thing when you move in, so you have something to compare with, isn't a bad idea either.


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