Q: Can land lord keep full security deposit and charge more to replace 5 year old carpet.
Carpet was incredibly cheap and stained easily. While stained by tenants carpet also had mold growth due to leaking tub landlord didn't fix and poor installments of siding, sliding glass doors and windows. Is land lord allowed to keep all of the security deposit plus charge extra for a 5 year old carpet with both tenant staining and mold growth (not because of tenant neglect) security deposit was $1395, being charged $1744 for carpet.
A:
So, the short answer is: no, but...
When you rent a place, it is assumed that there will be normal wear-and-tear. If the carpet was old and stained when you moved in and just proceeded along that path, then it would not be fair to withhold for that.
If the carpet was in good condition when you moved in, but over the course of a few years, it naturally deteriorated, then you could make a pretty good argument that it is ordinary wear-and-tear.
In short, if you were there for a number of years and if it wasn't great to begin with, you could certainly make an argument that it is ordinary wear-and-tear.
Good luck!
Tim Akpinar agrees with this answer
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