Landlord Question and Answer Forum

Please refer to this picture: http://s1261.photobucket.com/albums/ii593/remoteportal/?action=view&current=DSC_0453.jpg Because the tenant's dog urinated excessively in house we need to replace the padding and carpet because of excessive four smell. How much can we charge on the security deposit? I want to charge a lot because, even though the carpet wasn't in the best shape before they moved in, it was satisfactory for renting. There were already some stains and *some* urine stains from previous renters. BUT, it was still rentable. Now it's a health concern and unbearable. Everyone who enters the house says "What is that smell!?" I also want to be reasonable, fair, and within the law. Details: - Labor and materials by company is $2,400 - Carpet was probably eight years old??? - Tenant stayed 1.5 years. Is this a reasonable formula? ( 1.5 years / 7 years of carpet life ) * 2,400 = $514

Peter, it's very hard to answer this question, but if it needs to be replaced and it's beyond normal wear and tear, then you should be able to charge them. As of October 1, 2009, Landlord has up to sixty (60) days to provide an itemization if the landlord cannot determine the extent of any damages within the first thirty (30) days after delivery of possession and termination of the tenancy. This doc is helpful for itemizing: https://www.ezlandlordforms.com/documents/11865/security_deposit_accounting_statement/ this as well: https://www.ezlandlordforms.com/documents/52/balance_owed_after_moveout__demand_for_payment/

Posted by Jessica B, MD on Friday, April 27, 2012

I would say that you would have a hard time having the court (if tenant decided to challenge you) to agree with you on having tenant pay for carpet replacement given the condition you described. You didn’t mention how old the rug was. Having said that, you could possible get the courts to agree on doing whatever was necessary to remove odor, replacement of underlayment if needed due to odor, etc. In other words, any expense that it took to return the flooring back to where it was less carpet replacement.

Posted by Bob R, CA on Friday, April 27, 2012

Okay, thanks for everyone's valuable input. Here is what we ended up doing: Since so many people recommended not charging for the carpet it self, I focused on the padding. Please see the two line items below that add up to about $950, which is actually MORE than what we were going to charge for the carpet depreciation. ACCOUNTING New damage to carpet padding and odor treatment of subfloor, due to excessive urine smell in house. House not rentable in current smelly condition--windows must be opened to breathe. Photographed carpet removed from house and turned upside down on front yard reveals extensive urine everywhere. (Have letter stating that urine soaked padding must be replaced.) (con't from above) Materials: 1152 sq. ft. padding requires 140 sq. yards rent-grade padding @ $2.99/yard $418.60 (con't from above) Labor: to lift carpeting, pad removal, pad disposal, scraping, Kilz treatment, existing carpet re-stretching. Estimate, pending final accounting @ $540

Posted by Peter A, NC on Sunday, April 29, 2012