Virginia Beach, VA asked in Real Estate Law and Landlord - Tenant for Virginia

Q: Can I be charged for items being renovated if the apt plans to use the old items (carpers, cabinets) in another apt?

I talked to a representative and she told me they plan to save as much as possible for other apartments and I will be charged for any damages to those. I have lived in my apt for 18 months and have small children so stains are inevitable. I am not trying to shirk my responsibilities but if they are taking them out why would i be charged? Also, regarding the carpet if 1/3 of the carpet is not reusable i was told that I will be charged for the whole thing. This didn't seem right to me.

1 Lawyer Answer

A: I have never heard of a landlord or landlord representative removing carpeting from one rental unit, reinstalling it in another unit and charging the tenant for the unusable carpeting. Generally, carpeting is a depreciable asset and the landlord is not entitled to charge the tenant for replacing the carpeting that was in the rental unit. You have a right to challenge the landlord for this type of charge. You should read your lease very carefully as it may provide that the landlord is authorized by the tenant to do what is proposed.

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