Can a landlord charge for full replacement of carpets for a stain or do they have to prorate it based on the age of the carpet and life expectancy?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a landlord charge for full replacement of carpets for a stain or do they have to prorate it based on the age of the carpet and life expectancy?

I recently leased a home and also have a home that is currently being leased so I am on both sides of the equation. If there are some stains that won’t come up after a steam cleaning,can a landlord charge for full price of replacing the carpets or do they have to prorate the carpet based on the age and life expectancy of the carpet. For instance, if the carpet has a life of 10 years and it is already 6years ol,d can they charge full cost of replacement?

Asked on August 23, 2011 Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A landlord can charge the full cost of replacement, regardless of the age of the carpet, though he or she cannot "upgrade" the carpet--i.e. the replacement must be of comparable quality to what was destroyed. (Or: the landlord can upgrade, but needs to pay the different in price; he or she can only get from the tenant the cost of comparable carpet.)

Also, the landlord can only charge the tenant for the carpet if the tenant--or tenant's family, friends, pets, guests, etc.--caused the stains. If the stains predated the tenant or were caused by the landlord or the landlord's employees or contractors, then the tenant is not responsible for the replacement cost.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption