Can my landlord make me pay for new carpets in my old apartment even thoughI gave him a damage deposit that will cover the cost?

UPDATED: Mar 1, 2012

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Can my landlord make me pay for new carpets in my old apartment even thoughI gave him a damage deposit that will cover the cost?

We have signed a lease with him that specifically says the pet/damage deposit is to be used for any repairs needed to be done after we moved out. Our cat urinated in one bedroom and the carpet needs replaced. Our deposit was $450 and the cost to replace carpet and pad are under $400 but he is still trying to make us pay him for new carpet and threatening to take us to court if we do not pay for it.

Asked on March 1, 2012 under Real Estate Law, Montana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. Typically carpets are items that are depreciated over a period of 7 years in a rental situation in that they degrade over a period of time through normal wear and tear.

Many times landlords at the end of a lease try and charge a former tenant for new carpet where the carpet has worn out solely through normal wear and tear and never replaces the carpet. This seems to be the situation in your matter as to rooms where there was no pet damage in them.

From what you have written, it seems that your security deposit should be enough to pay for the cat damages that you have written about and you would not owe any more for damages.

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