Can a landlord charge for the carpet to be replaceddue toa small stain?

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Can a landlord charge for the carpet to be replaceddue toa small stain?

Upon my moving out my landlord said that they wanted to replace the entire carpet because they deemed it damaged because of a 5 in light red stain on in one spot. Is there something I can do or are they able to charge for that?

Asked on July 21, 2010 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally, a landlord holds your security deposit for issues such as this.  Landlords can deduct for damage to an apartment absent what is known as "normal wear and tear."  Normal wear and tear is defined differently in each state and is judged on a case by case basis.  Can the carpet  be cleaned enough to make the stain less noticeable?  What I am driving at is are there different options rather than just replacing the ENTIRE carpet (are we talking a large amount of money?)  You may want to seek some legal consultation on all of this.  And try and approach your landlord as to a solution rather than litigation.  Good luck.


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