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  1. #1
    Join Date
    Jul 2015
    Posts
    1

    Default Is Proof Required when the Landlord Charges for Carpet Replacement

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

    I recently moved out of an apartment and the landlord told me they need to replace the carpet due to a pet stain. I cannot argue much there as the pet did have minor accident although we did thoroughly clean the carpeting after the fact. I contend that the carpet needed to be replaced anyway because their maintenance crew flooded the apartment while fixing the air conditioner which left a smell and a massive stain on the carpet near where the unit is housed. They told me that they would just clean that spot and rent as is but the pet stain is a different issue. Regardless, they are telling me that the cost to replace the carpet is $900 and minus my security deposit of $300 they now want $600 from me. They say that the carpet was new when we moved in 2 years ago and minus the "credit" for those two years the charge to replace is $900. Apparently they replace every 6 years regardless but ours was only 2 years old. My question is that they did not provide any proof of the carpet's age when sending me this notice charging me $600 on top of my deposit so am I within my right to request proof that it was new when I moved in before remitting payment? During the move out inspection, they showed me where the original leasing consultant had marked it as old and then scratched it out and put new on our move in paperwork but that scratch out was not initialed by me or anyone to indicate agreement. Do I have ground to stand and fight on here or should I just roll over and dish out the money?

    Thank you!

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

    Default Re: Is Proof Required when the Landlord Charges for Carpet Replacement

    If you sue for the return of your security deposit, you can argue that they should submit evidence of the actual age of the carpet in order to establish whether it was properly depreciated. But in terms of the security deposit, no, they are not obligated to provide you with receipts from the prior replacement.

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