If carpet needs to be replaced upon vacating an apartment, do I have the right to request that carpet?

UPDATED: Sep 13, 2011

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If carpet needs to be replaced upon vacating an apartment, do I have the right to request that carpet?

Asked on September 13, 2011 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Do you mean do you, as tenant, have the right to request to get the old carpet? If so, the answer is no--or rather, you can certainly request the carpet, but the landlord is under no obligation to give it to you.

If you  mean that you, as tenant, damaged the carpet, causing it to have to be replaced and you to pay for it (whether through your security deposit or otherwise), can you specify what carpet is put in its place, the answer is also no. The landlord is limited to replacing the carpet you damaged with carpet of like quality, but other than that, is free to decide what he or she wants. (Note: if you did not damage the carpet in some way--cigarrette burns, pet urine stains, red wine stains that won't come out, tore it, etc.--you most likely do not have to pay for it; tenants don't have to pay when a carpet is replaced owing to normal wear and tear.)

If you meant something else, please repost your question with more information.

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