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  1. #1
    Join Date
    Jul 2013
    Location
    New York, New York, United States
    Posts
    1

    Default Charged to Replace Carpets, is It Warranted

    My question involves landlord-tenant law in the State of: Pennsylvania

    My roommate and I lived in a fully carpeted apartment for two years. The carpets were new or close to them when we moved in. When we moved out the carpets were no longer new. I feel the damage falls under normal where and tear, the landlord disagrees. There were no burns, rips, or obnoxious stains just discoloring and depression (weren't as fluffy etc) in the more trafficked area. Unfortunately we did not take pictures. The lease states that we are to pay for the carpets to be professionally cleaned, taken out of our security deposit. The list of charges, dated 18 days after move out, did not include this charge. They say they replaced the carpets 32 days after move out, just 4 days after we received our certified mail charges list and spoke to him disputing the charge, asking for pictures. Today the pictures arrived, very very low resolution on normal computer paper, 60 days since move out. Also, the replacement carpets have a lifetime guarantee against stains as long as they are professionally cleaned every 18 months. I don't know for sure that the carpets that I lived on had the same warranty but if they did does it matter? Can I use the landlord's negligence of the warranty against him?

    So here's the summary
    • Lived two years on like new carpets
    • Moved out on May 31 and the carpets I felt fell under wear and tear
    • I have no pictures explicitly of the carpet
    • Received notice on June 28th with a letter dated June 18th with the charges containing carpet replacement $1200
    • We verbally disputed the charge and asked for pictures
    • Received pictures on July 29th. Pictures were very low quality and hard to see anything.
    • Pictures included a notice that the carpet had been replaced on July 2nd, and that were to pay what we owe (Charges - Deposit) by July 31st.
    • We called and verbally disputed again.
    • Our lease stated that the carpets were to be professionally cleaned upon move out, paid by us. There was no mention of charge for this cleaning.
    • The old carpets may have had a lifetime warranty if they were professionally cleaned every 18 months.


    Do I have any grounds for disagreement?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Charged to Replace Carpets, is It Warranted

    Carpets have a finite asset life well in excess of 2 years. We do not have enough info know if the amount you were quoted/charged is the total charge or the proportional charge.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Charged to Replace Carpets, is It Warranted

    Quote Quoting spence0021
    View Post
    Can I use the landlord's negligence of the warranty against him?
    The landlord can't make a claim under an imaginary warranty - either there was a warranty or there was not - and as he's claiming damage beyond ordinary wear and tear that's not something a carpet warranty would cover. Also, if we assume the warranty was the same, you have given us no indication that you professionally cleaned the carpet at any point during your two-year tenancy.
    Quote Quoting spence0021
    Received notice on June 28th with a letter dated June 18th with the charges containing carpet replacement $1200
    If the full replacement cost was $1,200, the landlord's claim for damages would be for [(expected life of carpet - 2 years) / expected life of carpet) x $1,200].

    You can argue to your landlord that this was ordinary wear and tear for which you were not responsible. If you cannot convince your landlord of that, or come to a mutually acceptable resolution, you can file a lawsuit to try to recover money from your landlord based on your assertion that this was ordinary wear and tear and not damage.

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