When replacing carpet after damage not caused by the tenant, does the landlord have to use new carpet?

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When replacing carpet after damage not caused by the tenant, does the landlord have to use new carpet?

My daughter is living in an apartment where the tenant above them flooded her apartment with a clogged toilet. There is quite a lot af damage as the maintenance staff refused to respond for 24 hours. Walls were soaked and are being replaced, carpet is being replaced, cabinets taken down to dry, etc. The complex is putting old/used carpet in the entire apartment rather than new carpet, is this allowed? If so, are there requirements that need to be met such as a certain quality of cleanliness of the carpet and how do I know this standard has been met?

Asked on August 28, 2012 under Real Estate Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a tenant, you have the right to have an apartment that is habitable and available for ordinary use.  When the landlord conducts repairs, he has to make sure that he meets these requirements.  He is not required to give new "everything," as long as the used products insure your use and enjoyment of the unit.  If the used carpet is clean, doesn't create a mold condition, and is otherwise a safe product, he can use it.  If the used carpet is moldly or has some other issues that affect your or your family's health, then he cannot use the carpet.


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