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  1. #1
    Join Date
    Jul 2016
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    Default Can a Landlord Charge a Carpet Cleaing Fee if The Carpet is Being Replaced

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

    I moved in this apartment unit 3 years ago and the carpet was old and stain everywhere. When we had move-out walk through with the manager two weeks ago, the manager told me that the carpet is too dirty to clean and she believe the stain can't be removed. So she is going to replace the carpet and said I don't need to clean the carpet. Then I clean everything else except the carpet and move out.

    Then she sent me a bill after two days and charged me $340 for carpet trashed and $160 for stain remove. She clearly verbally and also confirmed it in the email that she is going to replace the carpet. But she doesn't want to prorate the carpet replacement fee, just charge me the cleaning fee which actually she didn't do it.

    Per the average carpet lifespan is 5-7 years, and she need to provide me evidence on how old the carpet was. So I guess I would pay less than $500 after prorate the value. But she think if there is the stain, whatever she replace or clean it, she still has right to charge me the carpet cleaning fee. Does it make sense??

    My thought is I would pay the cleaning if you clean it. Pay the replacement fee if you replace it.

    Thank you for any advice on it.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Landlord Replace the Carpet but Still Charge Me Carpet Cleaning Fee

    Quote Quoting shuixiao
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    My question involves landlord-tenant law in the State of: Iowa

    I moved in this apartment unit 3 years ago and the carpet was old and stain everywhere. When we had move-out walk through with the manager two weeks ago, the manager told me that the carpet is too dirty to clean and she believe the stain can't be removed. So she is going to replace the carpet and said I don't need to clean the carpet. Then I clean everything else except the carpet and move out.

    Then she sent me a bill after two days and charged me $340 for carpet trashed and $160 for stain remove. She clearly verbally and also confirmed it in the email that she is going to replace the carpet. But she doesn't want to prorate the carpet replacement fee, just charge me the cleaning fee which actually she didn't do it.

    Per the average carpet lifespan is 5-7 years, and she need to provide me evidence on how old the carpet was. So I guess I would pay less than $500 after prorate the value. But she think if there is the stain, whatever she replace or clean it, she still has right to charge me the carpet cleaning fee. Does it make sense??

    My thought is I would pay the cleaning if you clean it. Pay the replacement fee if you replace it.

    Thank you for any advice on it.
    You are correct. She cannot charge a carpet cleaning fee if she does not clean the carpet. She also cannot charge you for the carpet if it has outlived its useful life. If the carpet was old and stained 3 years ago I can just about guarantee that it was way past its useful life.

  3. #3
    Join Date
    Jul 2016
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    2

    Default Re: Landlord Replace the Carpet but Still Charge Me Carpet Cleaning Fee

    Quote Quoting llworking
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    You are correct. She cannot charge a carpet cleaning fee if she does not clean the carpet. She also cannot charge you for the carpet if it has outlived its useful life. If the carpet was old and stained 3 years ago I can just about guarantee that it was way past its useful life.
    So assume the carpet is more than 7 years old, even there are a lot of stains/soiled area on it, I don't need pay anything because it's already past its life?

  4. #4
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    Oct 2006
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    16,474

    Default Re: Landlord Replace the Carpet but Still Charge Me Carpet Cleaning Fee

    Quote Quoting shuixiao
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    So assume the carpet is more than 7 years old, even there are a lot of stains/soiled area on it, I don't need pay anything because it's already past its life?
    Correct.

  5. #5
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    Default Re: Landlord Replace the Carpet but Still Charge Me Carpet Cleaning Fee

    Quote Quoting shuixiao
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    So assume the carpet is more than 7 years old, even there are a lot of stains/soiled area on it, I don't need pay anything because it's already past its life?
    We don't really need to be guessing about the useful life of the carpet, given that you have told us that it is being replaced. If it is being replaced due to damage you caused, the charge against you should be a prorated portion of the replacement cost based upon the useful life of the carpet -- but you have not indicated that you're being charged any such fee. If the carpet is being removed and replaced, it would not make sense to clean it -- and from what you've told us, the landlord did not clean it before removing it, such that no actual cleaning fee was incurred.

    If the situation is different -- if the landlord is taking the position that the carpet still had useful life but, after an attempt to remove the stains you left on the carpet failed, the carpet has to be replaced, then it may be possible for the landlord to charge you a cleaning fee and a portion of the replacement cost -- but that does not appear to be what you are describing.

    There's no rule that states that, for purposes of charging a tenant for partial replacement cost, a landlord must depreciate carpet in seven years or less. However, as a landlord tries to argue for carpet life above seven years, a court is apt to become skeptical that carpet in a rental unit can realistically be expected to last that long.

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