If my landlord is asking me to pay for repairing or replacing the carpets, what legal rights do I have?

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If my landlord is asking me to pay for repairing or replacing the carpets, what legal rights do I have?

My wife and I moved out after 6 months living. I had to pay one month and half of rent fee to break the lease. When I turned the key the employee said that I will receive the final bill. They claiming that we broke things including carpets they need to repair or replaced. I argued that I only lived 6 months how we can possibly broke things. We were seniors (no kids no pets) and we worked 7 days a week (self employed no employees due to the bad economy) and we were there at nights only. The replace bill is $511 and cleaning bill $95 I understand cleaning fee. What can I do?

Asked on January 12, 2012 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A tenant does not have to pay for normal wear and tear, or for the usual end-of-lease cleaning. However, the tenant does need to pay for actual damage (e.g. rips, tears) or unusual stains (for example, red wine, oil, pet urine) that require exceptional cleaning.

If you don't believe you did these things, you can refuse to pay and see if the landlord sues you; if he does, you'd try to provide evidence (including your testimony) in court to show that you did not cause damage or unusual stains. Or if the landlord withholds your security deposit for repairs you don't think you're liable for, you could sue him for its return.


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