Carpet replacement from pet stains and old carpet (5 years old) - TX

I live in TX and will be moving out in next few months. I live in this apt# almost 5 years and the carpet is no damaged when I moved in. Now, my carpet has pet stains in living room and dinning room. I ask the leasing manager about carpet replacement cost when I move out. She said I need to pay the total cost($800) for replacing carpet in the whole unit because pet stains can’t be removed. Do I need to pay the total cost of carpet replacement? 5 years old carpet. I think the Landlord should charge me a pro-rated amount for the carpet plus stain areas. It does not make sense for me when the landlord ask me to pay the total cost of carpet relacement after I live here almost 5 years. Yes...I agree to pay the damange cost, but not the total cost. Am I right? Any advices to flight this situation?

You are correct. You are only responsible for the depreciated value of that carpet. Just like a car, the value of that carpet goes down with age. You only owe the current value of it.

The IRS allows LLs to depreciate carpet (and other items) off their taxes. Each item has a range of years that you can take the tax deduction. For carpet and flooring, the IRS allows a LL to depreciate for any number of years between 5 and 10. Most LLs choose 7. Choosing 5 yrs gets you a larger deduction each year. Choosing 10 yrs gets you a smaller deduction, but spreads it out longer. How is it figured? Read on...

First you must know the AGE of the carpet at move out. If the carpet was new at move in, it would be 5 yrs old then. Do you know if the carpet was new when you moved in? If it wasn't, it's probably at least 6 yrs old (and that will change the calculations below). Then you have to know how many years the LL uses for DEPRECIATION. Since you can't possibly know this, we will look at 7 & 10 yrs. (If he uses 5 yrs, the carpet will have used up all value and you would owe nothing.) You subtract the current age of the carpet from the number of years he uses for his tax depreciation. This gives you the "remaining life" of the carpet or how much longer the carpet was supposed to have lasted Take the remaining life and divide it by the depreciation yrs. Multiply this decimal by the replacement cost and this is how much you owe.

If he uses 5 yrs to depreciate:
5 yrs depreciation - 5 yr old carpet = NO yrs remaining life
NO charge

If he uses 7 yrs to depreciate:
7 yrs depreciation - 5 yr old carpet = 2 yrs remaining life
2 yrs remaining life / 7 yrs depreciation = .2857 percentage you owe
.2857 percentage you owe x $800 replacement cost = $228.56 what you owe for replacement carpet

If he uses 10 yrs to depreciate:
10 yrs depreciation - 5 yr old carpet = 5 yrs remaining life
5 yrs remaining life / 10 yrs depreciation = .5 percentage you owe
.5 percentage you owe x $800 replacement cost = $400 what you owe for replacement carpet

So at the most, you would only owe $400 for the carpet.

From my situation above, I think Landlord will use the fact that pet stains are tenant responsiblity, regardless the age of carpet. Can Landlord use this fact to argue me?

From my situation above, I think Landlord will use the fact that pet stains are tenant responsiblity, regardless the age of carpet. Can Landlord use this fact to argue me and ask me to pay the total cost of carpet replacement?

If the carpet was new 5 years ago, and you've lived there for 5 years, and your pets ruined the carpet, it is your responsibility to pay for the cost of replacing the carpet.

This is one of the many reasons many landlords do not allow pets. It's not simply the stains. The microbiological matter causes health issues and cannot simply be washed up. It soaks through to the floor and can cause damage to the floor as well.

It is not through the fault of the landlord the carpet needs replacing. It is due to the tenant having pets that were not trained to go either in a litter box or outside, whichever the pet may be.

Unfortunately, unlike a car that depreciates in value, a carpet that gets ruined needs replacement, and replacement costs money, usually more money to replace than it would have 5 years ago, due to inflation.

If you had a security deposit and/or pet fee, the cost should be taken out of that.

Originally Posted by Unregistered If the carpet was new 5 years ago, and you've lived there for 5 years, and your pets ruined the carpet, it is your responsibility to pay for the cost of replacing the carpet. This is one of the many reasons many landlords do not allow pets. It's not simply the stains. The microbiological matter causes health issues and cannot simply be washed up. It soaks through to the floor and can cause damage to the floor as well. It is not through the fault of the landlord the carpet needs replacing. It is due to the tenant having pets that were not trained to go either in a litter box or outside, whichever the pet may be. Unfortunately, unlike a car that depreciates in value, a carpet that gets ruined needs replacement, and replacement costs money, usually more money to replace than it would have 5 years ago, due to inflation. If you had a security deposit and/or pet fee, the cost should be taken out of that.

While it is true that the tenant is responsible for some of the replacement costs, as I stated earlier, the tenant is only responsible for the depreciated value of the carpet, and NOT for full replacement costs. This is exactly like a car. The car decreases in value through the years. So does a carpet. Once it reached the end of its useful life (and has no more remaining life left in the carpet per the IRS), the carpet is valueless and he can't charge the tenant, no matter how good the carpet looked at move in. IF the carpet is older than what the IRS allows you to take for depreciation, you cannot charge a tenant for carpet replacement. You can be charged for cleaning costs, for sealing a subfloor if necessary, but not for the carpet/pad removal and replacement.