What percentage of carpet relacement is a tenant responsible for replacing, if part of the damage was willful?

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What percentage of carpet relacement is a tenant responsible for replacing, if part of the damage was willful?

Tenant’s dog damaged living room carpet (chew/tear). Tenant did not disclsoe to us or leasing agent and further did damage by cutting carpet from closet and peicing in living room. We are told she only has to pay 50% of replacement. Is this still applicable based in breach of lease ( nondisclosure of damage, self-repairs causing further damage)? Tenant is moving tomorrow and her atty is pushing for our agreement of compensation based on 50% carpet law.

Asked on April 1, 2012 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Ask the attorney to send you the "50% carpet law" or ask him or her for the exact site in the North Carolina statutes so that you can look it up and discuss with your attorney.  It is my understanding that North Carolina - like most states - allows a landlord to keep security for damage above normal wear and tear.  The issue of normal wera and tear is not specifically addressed in any statute or case law but decided on a case by case basis.  I think that the attorney is bluffing and I woul seek consultation on the matter.  I think that what happened is beyond normal wear and tear and I think that you can patch the carpet.  And I would not sign anything until the tenant moves and you can see what else happened.  Good luck. 


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