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Who Should Pay For The New Carpet? The Tenant Or The Landlord?

By
Real Estate Agent with RE/MAX Compass 0524642

Imagine leasing your home out to a tenant who in your eyes "ruined" the carpet. What is ruined? At the end of the day the only people who can truly define this word is a Judge and maybe a jury. If the carpet has stains that were not present before the tenant occupied the home then the tenant should pay to have it shampooed. That's my approach anyways. To me ruined is THRASHED beyond repair.

If you keep the security deposit the tenant could sue you for being unreasonable. Plain and simple. It happens and has happened to a homeowner I know. They tenants argument was that the carpet was almost five years old when they moved in and that they were willing to have that same carpet professionally cleaned, but that wasn't good enough for the landlord. The landlord kept all $3,000.00 of the tenants security deposit.

3 months later the tenant successfully sued the Landlord in small claims court and was awarded additional monies for unrightfully witholding "all" of the security deposit.

Use your common sense when attacking a tenants security deposit. Spend the money to talk to a real estate attorney. Being a Landlord doesn't give you special powers. You have obligations per state law JUST like the tenant.

 

Posted by
Greg Nino
Realtor
RE/MAX Compass 
Direct & Text 7 days a wk: 832-298-8555 
 
 
Realtor since 2004
Mediator & Arbitrator for the TX Assoc. of Realtors
Member of the Professional Standards Committee for the TX Assoc. of Realtors
Arbitrator for the Comptroller's office for the State of TX for Arbitration of Property Tax Values

 Member of the RE/MAX Hall of Fame & Platinum Club

 

The information contained in this blog is believed to be reliable and while every effort is made to assure that the information is as accurate as possible, the author of this blog, and its comments disclaim any implied warranty or representation about it's accuracy, completeness or appropriateness for any particular purpose. All information is copywritten and the property of Greg Nino.  

Comments(11)

Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Greg, Oh boy I have see this type of "it wasn't new to begin with" argument many times...the best thing you can do is photograph everything prior to move in and copy the digital file to the tenant. Then you can both compare the before and after shots...reasonable heads rule the day - everyday!

Nov 28, 2011 05:58 AM
Michelle Francis
Tim Francis Realty LLC - Atlanta, GA
Realtor, Buckhead Atlanta Homes for Sale & Lease

Greg, 

Great point.  Carpet has a lifespan.  Now, having said that, if the tenant cut the lifespan down with how they lived, that is their responsibility.  

However, just wishing they pay for it all is not practical, nor legal. 

All the best, Michelle

Nov 28, 2011 06:18 AM
Tom Branch
RE/MAX Dallas Suburbs - Plano, TX
Broker, CDPE, SFR, ACRE, Plano TX Ambassador

Nino,

Normal wear and tear is an interesting concept. I've seen 2 year old carpet trashed beyond cleaning and 10 year old carpetthat look as good as new.

Tom

Nov 28, 2011 06:34 AM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

I require professional carpet cleaning at tenant move-out AND I provide the name of my approved vendors.  If the carpets are not cleaned, I'll do them and mark-up 20% per the terms of my lease!

Nov 28, 2011 06:34 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Carpet is always the first thing to get a beating in a rental.  It's like a "rental car" mentality -- where the drivers toss the garbage in the back, and don't clean up the soda spills.  "Who cares . . . it's just a rental."  But if there carpet has pet stains, urine and that soaks in . . . carpet trashed.  If it's normal wear and tear, get it clean and call it good.  $3,000 for carpet . . . geez that's does seem excessive. 

Nov 28, 2011 06:47 AM
Loreena and Michael Yeo
3:16 team REALTY ~ Locally-owned Prosper TX Real Estate Co. - Prosper, TX
Real Estate Agents

You've been hitting my sore note. Here's an example:


The yellow stain is children's urine.

 

Before they move in, this is how the house looked.

It's hard to tell but you have to make my word that it was white as snow.

While we dont expect it to look the way it was delivered, there was no effort in making it clean. I imagine bugs crawling on me when I walked in there.

$16,000 worth of repairs, tenant constantly called for her $900 - half month deposit back. Go figure.

Nov 28, 2011 09:38 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

If a Land Lord is sloppy with his paper work he deserves what he gets or doesn't get!

Nothing beats a good incoming inspection form with photos that include the tenants and their signtuers and a similar out going inspection with photos hopefully with the tenants!

Bill

Nov 28, 2011 10:50 AM
Mark Delgado
houses for rent, Solano County & Glen Cove - Benicia, CA
Benicia and Vallejo, Property Management, rental h

I respect the experience that you speak from but I also agree with Bill. How old was the carpet at move in?  Did the tenant note the carpet condition on the move in inspection form?  How long did the tenant reside at the property?  The facts and documentation determine the decision of who pays. 

Nov 28, 2011 02:25 PM
Greg Nino
RE/MAX Compass - Houston, TX
Houston, Texas

The imporant thing is we "discuss" the perspectives, which i'm glad you all shared. Case in point.. we all have opinions. At the end of the day, the buck does not stop with the Listing Agent or Property Mgr.

Thanks for  commenting guys!

Nov 28, 2011 02:44 PM
Janell Kittleson
Rentec Direct - Grants Pass, OR
Rentec Direct

I've think it's crucial to have a WEAR & TEAR clause in your lease agreement that outlines specifically the terms of WHEN and HOW MUCH they will be charged for damages or needed cleaning.  In my experience, I've laid out terms such as "occupancy of less than 36 months will result in carpet cleaning charges being charged to the tenant, 18 months for necessary painting..." and so on.  The more you put in writing ahead of time, the less headache there is later.  

Nov 30, 2011 06:32 AM
Steve and Jan Bachman
RE/MAX Gateway, Reston, Herndon, Ashburn, Sterling, Fairfax - Herndon, VA
Realtors - Northern Virginia

When folks reach the Pearly Gates....I will be the one responsible for tenant disposition for eternity. What they inflicted during life, they will be re-mediating for EVER!!!!

 

Dec 01, 2011 09:31 AM