If my tenant decided to pull up the carpet in one of the bedrooms without my consent, can I charge for replacement carpet and install?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my tenant decided to pull up the carpet in one of the bedrooms without my consent, can I charge for replacement carpet and install?
I am moving back in my home after a year of renting it out. Can I charge my tenant for replacing the carpet she tore up without my consent? It will be my son’s bedroom and I want carpet in there? It was, however, very old carpet. What percentage can I charge her? It was clearly stated in the lease that all significant changes to the property needed to have written consent from the owner. I don’t want to go to court over this, I just don’t think I should have to pay for it all. I would have left the old carpeting that was there. She tore it up for cosmetic reasons only.
Asked on July 19, 2012 under Real Estate Law, Ohio
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If she tore up the carpet without your permission and didn't replace the carpeting, the cost assessed to her would be the cost of replacement discounted for the age of that carpet. You cannot get a new carpet and install if the old carpet was indeed old and stained for example. If it was hygenically not appropriate for her to keep the carpeting, I agree she should have sought your permission but in any case, she cannot be charged for the entire replacement. Charging her a quarter of the cost and replacement should be sufficient but you need to show costs and receipts as part of your final breakdown to her upon move out, in order to show deductions and prove deductions from her security deposit.
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 AttorneyPages.com 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.