Landlord Question and Answer Forum

I have a tenant that is moving out after 10 years. The carpet was brand new then, but needs to be replaced now (runs, some cat scratchings, etc). I have installed this same carpet in the other units in the building at the same time, but none of the others show the amount of wear that this does. Granted, this was a family of 6 and the other units have been sporadically occupied by single people. I would like to charge something for replacing the carpet, but the tenants say that it normal wear and tear. Can I charge them?

10 Years is kind of old for carpet and having a family of 6 is even tougher. I am not sure if a charge would stand in the eyes of a judge. You can try to charge your tenants if you can prove that the damage was beyond reasonable wear and tear.But I would be very careful as your tenants could challenge it and you may end up in court.

Posted by Denise S, PA on Friday, August 8, 2008

Update... I replaced the carpet for $4300 (2 floors), and charged the tenant a prorated charge of $2200 (20 yrs, less 10 yrs deprec). The original life expectancy of the carpet when the tenant moved in was 20 years (commercial grade). The tenant now disagrees, and states that the carpet should be depreciated over no more than 7-10 years, and therefore is worthless, regardless of any pet damage to the carpet that may have been there at the end. I can't find any law or statute that requires a certain length of depreciation, and I am reluctant to take this to court due to the 10 year age of the carpet. Does anyone know of any case law, etc that would support (one way or the other) this case?

Posted by Eric N, PA on Thursday, August 21, 2008

If you can prove that the carpet had a 20-year life expectancy, you can get some reimbursement out of the tenant. However, you can not charge the tenant for the replacement carpet. You must show what you paid for the old carpet. If your facts are correct, you can recover 50% of THAT cost - not the replacement costs. The tenant does not have to pay today's prices for 90's carpet.

Posted by Lonie R, PA on Monday, August 25, 2008