Posted by Melissa on October 26, 1998 at 13:34:46:
In Reply to: Carpet posted by Henry on October 26, 1998 at 00:06:42:
: I just moved out of an appartment after living there for over 2 years. I actually moved to another appartment in the same residence (same landlord). Landlord is now claiming $200 because "carpet was very worn and smelled". When I moved in, the carpet was far from being new and obviously after 2 years, it has not gotten better. Is their claim justified and should I pay? (I live in Pennsylvania). When does a landlord have to change a carpet, is there any depreciation by law on carpet that make the residual value of the carpet null after a certain number of years?
: I have 2 cats and paid a non refundable deposit for the cats, doesn't that cover additional possible wear?
: Landlord claimed verbally that it smelled "pet's urine" but they are using this as an excuse to have me pay for the new carpet.
: Thank you
Here's the definition of "Wear and Tear" and "Damages" that I found on the Internet when we were getting ready to move.
Wear & Tear
Worn out keys
Loose or stubborn doorlock
Loose hinges or handles on doors
Worn and dirty carpeting
Carpet seam unglued
Scuffed up wood floors
Linoleum worn thin
Worn countertop
Stain on ceiling from rain or bad plumbing
Plaster cracks from settling
Faded, chipped or cracked paint
Loose wallpaper
Balky drapery rod
Faded curtains and drapes
Heat blistered blinds
Dirty window or door screens
Sticky window
Loose or inoperable faucet handle
Toilet runs or wobbles
Urine odor around toilet
Closet bi-fold door off track
Damages
Lost keys
Broken or missing locks
Damage to a door from forced entry
Torn, stained or burned carpeting
Rust or oil stains on carpet
Badly scratched or gouged wood floors
Linoleum with tears or holes
Burns and cuts in countertop
Stain on ceiling from overflowed tub
Holes in walls from kids or carelessness
Unapproved (bad) tenant paint job
Ripped or marked-up wallpaper
Broken drapery rod
Torn or missing curtains and drapes
Blinds with bent slats
Torn or missing screens
Broken window
Broken or missing faucet handle
Broken toilet seat or tank top
Urine or pet odor throughout unit
Damaged or missing bi-fold door
As you can see, worn carpet falls under wear and tear, but Urine or pet odor throughout the unit falls under damages. The LL should have given you a written list of the damages. The damages must be specific, not general. If the work to correct the "damages" has not been performed, than you should have gotten a "good faith estimate". I would ask the LL if he had a "professional" look at the carpet first. Was a black light used to detect cat urine stains on the carpet? Ask to have the carpet cleaned instead. There are several carpet cleaners and stain removers available made for removal of pet urine. What did your lease say about your pet deposit? Did it state that this would cover any pet accidents? The LL very well could be using this as an excuse to get new carpet. I know of someone who went through the same thing. Funny thing was, she didn't even have a cat or a dog. The judge ruled in her favor. Good Luck!
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