Jacksonville, FL asked in Landlord - Tenant for Florida

Q: Can a landlord request more money to replace carpet than the original installation cost?

My former landlord replaced our carpet halfway through our three year lease tenure. He is now requesting money in addition to our $1325 deposit to replace the carpet. The amount he is requesting is significantly more than what it cost to originally install the carpet a year and a half ago. They plan to sell the townhome so I believe they are taking advantage of me to upgrade their carpets for a higher resale price. What are my rights against him? How do I notify and/or prove to him that what he is trying to do is unjust?

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1 Lawyer Answer

Bruce Alexander Minnick

Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Wow. This is the first time I have ever heard of any landlord replacing the carpet during the lease period--unless the carpet needed to be replaced because of something the tenant did. If that is what happened then the landlord should be entitled to recover the actual cost of replacing the carpet--either out of your $1,325 security deposit or by asking you to pay it outside of the lease terms; why? Because the damage was done by you and your family.

If the landlord replaced the carpet during the lease period because he was trying to sell it 18 months ago, that would change the end result here, i.e., the landlord should not expect you to pay for something he voluntarily did for reasons other than having to.

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