Landlord Question and Answer Forum

I had a tenant who broke his lease 5 months early. I had to replace a carpet in one of my units that was beyond repair. I purchased a new carpet and charged the tenant for the cost. The tenant is now disputing that I can only charge him the depreciated value of the carpet and it has to be based off of the old carpet. The old carpet had about 2 years life expectancy left, so he would pay next to nothing. Is that the law? He also insists that I have to provide him proof or a written statement that his unit was not rented nor did I allow any contractors to stay in the unit during any of the same period that I am charging him for. Is he correct? I would appreciate any type of insight on this. Thank you.

Basically, it is up to the judge. If he has caused damage beyond normal wear and tear than you should be able to charge him the cost. I have never heard of having to provide written proof or this written statement of re-renting. But it is up to the landlord to mitigate damages, which mean that you have to do everyhting within your power to re-rent the unit.

Posted by Denise S, PA on Monday, September 29, 2008