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.