Can the landlord charge me for replacing the carpet if the damage from the previous tenant was beyond normal wear and tear?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can the landlord charge me for replacing the carpet if the damage from the previous tenant was beyond normal wear and tear?

When we moved into our apartment, the carpet had cigarette burns and smelled of cigarette smoke, although the lease said no smoking in the apartment. This damage was noted on our move-in damage check list. When we moved out, we had the carpets professionally shampooed, even though they were not excessively dirty. I turned in my keys after paying the carpet cleaners and did not see the resulting condition of the carpet (foolish, I know). My landlord charged my deposit for half the cost of carpeting a 15′ x 12′ space, which was listed as costing $500. Should he be able to do this?

Asked on July 17, 2012 under Real Estate Law, Maine

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, if you damages the carpet at the rental you had, the most that the landlord could legally charge you in damages is the fair market value of the carpet on a depreciated basis, usually a seven year time period.

You should not be held responsible for paying for a brand new carpet when you never had the use of a brand new carpet nor damaged a brand new carpet.


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 with SHA-256 Encryption