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  1. #1
    Join Date
    Aug 2012
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    2

    Default $20 Monthly Rent Upcharge if Carpet is Replaced Before Move-in

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

    Prior tenants of an apartment have damaged the carpet to the degree that the landlord needs to replace the carpet.

    The new tenant signed a lease which has a Special Provision saying "there will be a $20 upcharge to the monthly/market rent if carpet is replaced before the move-in date"

    Since the new tenant didn't request carpet replacement prior to move-in, can this upcharge be applied?

    Seems the landlord is passing the cost of carpet to the new renter, when the cost of damage should be taken out of the prior tenant's security deposit.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: $20 Monthly Rent Upcharge if Carpet is Replaced Before Move-in

    If the tenant wants to live with older carpet and pay lower rent, the tenant can accept the discount. If the tenant wants new carpet, the tenant can reject the discount. What's the problem?

  3. #3
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: $20 Monthly Rent Upcharge if Carpet is Replaced Before Move-in

    It's a bit late now, the paper has been signed.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: $20 Monthly Rent Upcharge if Carpet is Replaced Before Move-in

    should have settled what to do about carpeting BEFORE signing a lease.

  5. #5
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: $20 Monthly Rent Upcharge if Carpet is Replaced Before Move-in

    Frankly, the landlord shouldn't even get into "carpet replacement surcharges". He can charge one rate with the same carpet and you either agree to it or not. The same goes if he replaces the carpet.

  6. #6
    Join Date
    Aug 2012
    Posts
    2

    Default Re: $20 Monthly Rent Upcharge if Carpet is Replaced Before Move-in

    Quote Quoting mmmagique
    View Post
    It's a bit late now, the paper has been signed.
    So if the landlord said "tenant ruins one square inch of carpet and is therefore liable for replacing the entire carpet," then it's too late? No. That's why I posted the question, because not every clause in a contract is enforceable. This just seems like a different tactic to do the same thing.

    - - - Updated - - -

    Quote Quoting Mr. Knowitall
    View Post
    If the tenant wants to live with older carpet and pay lower rent, the tenant can accept the discount. If the tenant wants new carpet, the tenant can reject the discount. What's the problem?
    The problem is that the tenant would have accepted the older carpet but wasn't asked. The landlord chose to do so independently, and notified the tenant after the lease was signed.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: $20 Monthly Rent Upcharge if Carpet is Replaced Before Move-in

    Quote Quoting hokietrax
    View Post


    The problem is that the tenant would have accepted the older carpet but wasn't asked. The landlord chose to do so independently, and notified the tenant after the lease was signed.
    the landlord cannot unilaterally alter the terms of the lease once accepted by all parties. The problem is, they aren't but you are not understanding that.

    You seem to be misunderstanding what you actually wrote:

    The new tenant signed a lease which has a Special Provision saying "there will be a $20 upcharge to the monthly/market rent if carpet is replaced before the move-in date"

    Since the new tenant didn't request carpet replacement prior to move-in, can this upcharge be applied?
    that doesn't say the tenant has the option of accepting or rejecting that. It is a simple statement and yes, the tenant did have the option of refusing to accept that clause. They could have said; no, I do not accept that clause. The LL would have either said: ok, or; have a good day and enjoy living somewhere else.
    So, you knew ahead of time that if there was new carpet, the rent would be $XXXX. If there wasn't new carpet, it would be $XXXX- $20.

    The only question is: was the carpet installed prior to moving in? If not, then the upcharge is not able to be charged.

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