security to pay for carpet replacement

[Bonnie Berkowitz]

My lease was up. Just moved out of a non rent stabilized luxury apt. I lived in for 4 years. Landlord wants to replace the carpet because it's not in perfect condition and expects this money to come out of my security. Do I have any rights in this matter? What about normal wear and tear after 4 years? Thanks for anyone's help!

[Brooklyn Babe]

Do a search in the forum archives for more specifics, but if he doesn't return your full deposit you have a right to sue him in Small Claims court. Unless, there is some extremely bad damage to the carpet, sounds like it is normal wear and tear, which you are not responsible for...

[Brooklyn Babe]

Some general wear & tear info.
http://www.rentlaw.com/normalweartear.htm

Normal Wear and Tear Example of Damages

Faded Paint. Paint may have a "useful life of 2-3 years, depending on who you ask. However, if you paint with a better paint, wiping down the walls works well.
Example of Damages: Holes in wall from hanging pictures, removal of Decals on the walls. Larger gouges etc.

Old, worn carpet when you moved in or furniture marks in carpet. The natural wearing down of carpet or drapes because of normal use or aging.
Example of Damages -Tear in carpet, animal stains (even if landlord knew you had a pet). Burn marks - iron, cigar, cigarette, ground in stains

Worn hinges on doors or locks. Hole or ding in wall from missing door stop. Check each door. Example of Damages -Doors with holes. Doors or windows broken. Glass etc.

Broken plumbing pipes, unless you damaged them. Central drain problems, not caused by your incorrect disposal of items. Older homes with old sewer lines may get roots growing through them, clogging the system.
Example of Damages -Clogged drains caused by your misuse of sinks or toilets. If you rent to women (college girls for example) be sure to remind them to dispose of feminine products in the trash, not the toilet.

Dirty Blinds - as in dusty. Broken or missing blinds or curtains.
Example of Damages -If they were there when you moved in, they must be there when you leave. If you do not want them, discuss this with your landlord. If he says "I don't care" send him a letter to confirm...as we discussed..etc

General dust in the apartment. Be sure to clean behind the sofa and under.
Example of Damages - Eliminating Flea infestations caused by tenants animals. The same for smoke damage from smoking or burning candles.

"Faded" curtains that were in the unit when you came. However, to remove curtains that you placed and did not remove, you may be charged. Example of Damages -Excessive Bathroom mildew. Use a good cleaning product like Tilex or Spray 409 weekly.

Bulb that went out in the refrigerator.
Example of Damages -Broken shelves in a refrigerator. Excessive dirt/dust in the refrigerator vents. This is the area under the unit. Be sure to vacuum to improve the performance. Every time you vacuum, vacuum around the unit,

Pin holes in the walls - if not excessive Example of Damages -Excessive dirt or filth in an oven or refrigerator. Defrost the refrigerator if not frost-free. Stoves can take 2-3 hours to clean if you have cleaned it. Use Easy-off. That's why the named it that.