Carpet Vs. Landlord

My boyfriend and I + dog just moved out of a tri-level townhome. When we
moved in the carpet was already 5 years old with a few stains. We were
admittedly hard on the carpet and I feel it should be replaced. My question
is: would the LL be able to charge us the full amount of replacing the
carpet or, would he be responsiable for part of the cost due to the carpet
being 5 years old w/ stains when we moved in?

[OHlandlord]

You would be responsible for only part of the cost, based on the age of the carpet and the length of depreciation the LL is claiming for the carpet. If the carpet was 5 yrs old upon taking possession and you stayed a year, it's now 6 yrs old. If he depreciates over a 10 yrs period (about the longest) you would owe 40% of the cost since it had 4 of 10 yrs of life left. If he depreciates over 7 yrs, you would owe 1/7 (14%), if less, you would owe nothing. How do you know the carpet was 5 yrs old?

Because the building in which we moved into at the time was built 5 years ago... well, 6 years ago now.

Little more background... The LL asked for a $4,200 deposit from us in which he cashed $2,100 right away and kept the other check. Before we moved out we were up front with him on the carpet. The LL called us after he had gotten our e-mail in telling him that the carpet needed to be replaced and he said "DO NOT do anything with the carpet". My boyfriend and I had still taken it upon ourselves to get 3 quotes while we still lived there. The quotes were based on the same quality carpet that was in the unit at the time. All our quotes did not go over $3,000. After we moved out we tried on numerous occasions to set up a finale walk-through. We had finally got a hold of him and when my boyfriend showed up for the scheduled walk-through the LL was not there and instead there was a carpet cleaning company there. My boyfriend had confronted the carpet cleaning company in that there is no way that carpet could be cleaned it needs to be replaced. My boyfriend waited around for a couple minutes and the LL still did not show. My boyfriend had to leave due to a wedding he needed to attend.

The LL refused us a final walk-through after that and we tried and tried by e-mail and phone to get a hold of him. The next thing we knew, was that we got a package in the mail with a letter stating that we owe him $2,125 more on top the $2,100 SD he is already keeping because the quote (not receipt) he got for carpet was $3,800 and he was charging us $800 for the carpet cleaning!! We would like to take him to small claims court because on the 21st day of move out instead of providing us an itemized statement on why he is keeping the $2,100 SD already cashed and asking for more money on top of that was a quote for carpet (not receipt) and an $800 receipt for the carpet cleaning. Also he refused us of a walk-through. This LL is a little shady and just seems like he is hurting for money.

Sorry... I can go on and on with a list of things this LL has done.

PS... We are still friends with our old neighbors and they informed us that he did not install new carpet but instead installed hard wood floors.

Do you think we can take this to Small Claims court or will the judge laugh at us…? There is no trying to settle this with the LL because he never returns our calls, letters, or e-mails.

Thank you for all your help and advice in advance on this matter.

[FlowerGirlShari]

I just registered myself on here. I was not sure how to do it before. Again, thank you for your advice and help in advance on the matters above!!

[OHlandlord]

The LL has the right to attempt to clean the carpet instead of immediately replacing it. He is trying to minimize damages (which is his job). However, an $800 bill for carpet cleaning sounds outrageous. How much (sq. yds.) carpet was in that rental? Contact a few of the big cleaning companies there and get a written estimate of what they would normally charge to clean that many sq. yds. of filthy carpet. (You need these to dispute the outrageous charge for it.)

Next, I don't know what state you are in, but the tenant does not have a right to a move-out inpection in all states. In some states it is a written right (via state stautes), others are silent on your right to this. In some states the LL must offer this to you in writing. In some states, you must request this inspection in writing. (Check your state laws to see what, if any, rights and requirements there are for this inspection.) When the LL will not offer or allow it, you should take lots of photos to protect yourself from inflated damage charges. Did you take any photos of the unit at move out? Do you have any other proof of the condition of the unit at move out?

Finally, installing a hardwood floor is nice. However if a LL choose that, it is an improvement on what was in the unit. As such, you are not responsible for its cost. You are liable for the depreciated value of the carpet you ruined in your unit. Getting those estimates from the carpet places was a great idea. Hang on to those, you will need them for court.

Your next step is to send a challenge letter to the LL to dispute the charges. (Yes I know its a futile effort, but it is required to show a good faith effort to the court system). Otherwise people would sue each other at the drop of a hat! Send a letter to the LL by certified mail, return receipt requested, and keep a copy for yourself. In it, dispute each charge that is listed on your disposition sheet that the LL sent you. List each damage, what he charged, why you don't owe it or owe that much, explain what the correct charge is that you feel you actually owe and document why your price is correct. Give him a reasonable deadline (like 10 days) to respond before you file in small claims court.

For instance, in the dispute letter you might list:
Carpet cleaning...... $800
We did soil the carpet and should pay for the attempt to clean it. However, based upon our written estimates for XXX sq. yds of carpet, the average cost to clean this area should be $XXX.

Carpet replacement....... $3800
We do agree that the carpet was beyond cleaning. However, your cost of carpet is not accurate. Based upon our estimates from X number of carpet stores, and based on XXX sq. yards of carpet of the same quality and type of carpet, the average price was $XXXX. However, we should only owe the depreciated value of the carpet, and not the replacement cost. If you depreciate over a period of 10 years, and since the carpet was 6 years old at move out, we would only owe 40% of the average price above which would be $XXX. If you depreciate over another number of years, the percentage we would owe will be different. Additionally, you did not replace this area with carpeting. You installed hardwood floors, which are an improvement, and for which we are not responsible.

I'm sure you get the idea. If he fails to respond within the deadline, file in court. Take all your photos, if any, documentation, written estimates, etc. Good luck.

[FlowerGirlShari]

Thank you again for all your help!! This is all very helpful!!

The Sq. Ft. of the carpet area is roughly 750sf + 33 stairs. We did have the carpet cleaned on April 20th, 2007 and the cost for that was $255 this was for deep deep cleaning and injections into the carpet to get into the padding of the carpet as well (we moved out in July) and then LL tried to clean the carpet again in July. I have kept all receipts from ever time we had the carpet cleaned (all under $300). I will call a few big carpet cleaning companies and get some quotes. That’s a great idea!! I did call the company on the receipt that the LL did provide us with and he said that normally he does not charge that amount but the carpet was horrible. I then asked him if he thought that the carpet was that horrible why would he even touch it... stupid question... they just care about getting money!

I will get right on the challenge letter as soon as I gather a few written estimates for carpet cleaning.

I would of course like to settle this with the LL directly before wasting our systems time.

AGAIN!! This is all very helpful information!! Thank you for all your time!!

PS… I am located in Orange County, CA