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  1. #1

    Default Can a Landlord Replace All of the Carpet in an Apartment Due to a Stain in One Room

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

    Move out date : 4/20/15

    On 6/12/15, I got an email from landlord's collection director informing an outstanding balance of $1675.80. I called to inquire about the bill. He said it is for carpet replacement. There was no opportunity given to me to discuss the situation before sending this letter.

    I went to that apartment and met the manager personally to discuss this. The manager explained to me that the carpet is one year old and they have the policy and contract with the carpet company to replace the carpet for the whole apartment every 5 years. Since there was a stain, they are forced to replace the carpet for the whole apartment. He did not provide an evidence for the carpet's age or new carpet's cost. I told him that I understand why they chose to replace the carpet for whole apartment, however, it is unfair to charge me for the whole apartment, when the stain was in only one spot. I told him I'm willing to pay for that room that has the stain but not the whole apartment. He acknowledge my request and told me that they will speak with corporate and get back to me in couple of days. I never heard anything from them. I called their collection director and explained the situation. He mentioned, he would discuss this matter with the apartment manager and get back to me but he never did.

    On 9/5/15, I sent an email to the collection director following up on this case and request him to respond. I also informed him that if I didn't get a response in the next 5 business days, I will consider that the issue is closed. Still no response.

    On 11/24/15 (just before Thanks Giving), he sent an email to let me know that, they spoke with the apartment manager and willing to reduce 25% so the outstanding balance is $1257.05. This amount still did not make sense to me. Moreover, I was out of country and out of town until early Jan and didn't respond.

    On 1/22/16, The collection director sent an email offering me a settlement of $1178.44 and if didn't pay by 2/15/16, they will forward it to National Credit system.


    Given this background, please advise me on the following?

    1) I’m still willing to settle with the landlord if we can split the outstanding balance. I.e. pay $589.22 and close the case. Will landlords usually accept these kind of offer?
    2) Can the landlord report the credit agencies this late in the process? If they did, what is my chance to dispute the report and remove the entries in the credit reports?

  2. #2
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Landlord Charged Me for Carpet Replacement for Entire Apartment for Stain in 1 Ro

    Did you have a security deposit? If so, did they take or return that? If they kept it, what was the reason given, and were you notified then that the carpet as an issue?

    Do you have proof that they acknowledge that the stain was only in one room?

    What did your lease say about damages and the time frame in which you must be notified of the charge for any damage?
    This may help,

    http://www.ncleg.net/EnactedLegislat.../Article_6.pdf

    including;

    " the landlord shall provide the
    tenant with an interim accounting no later than 30 days after termination of the tenancy and
    delivery of possession of the premises to the landlord and shall provide a final accounting
    60 days after termination of the tenancy and delivery of possession of the premises to..."

    I wouldn't pay, but others may have better advice. I'm not sure how you should proceed, but Google shows lots of articles that might help.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Can a Landlord Replace All of the Carpet in an Apartment Due to a Stain in One Ro

    Without knowing anything about the stain, the carpet, or the layout of the apartment, it's impossible to state whether or not it is reasonable to recarpet the entire apartment or if the recarpeting should be limited to the room where the stain occurred. Generally speaking, it's possible to recarpet a single room without recarpeting an entire apartment, without causing any material aesthetic issues, but individual cases may vary.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can a Landlord Replace All of the Carpet in an Apartment Due to a Stain in One Ro

    Further, unless the carpeting was new, it's depreciating pretty rapidly in rental use.

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Can a Landlord Replace All of the Carpet in an Apartment Due to a Stain in One Ro

    We've already been told that the landlord depreciates over five years.

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