Q: I’ve lived in a rental unit for 11years. Am I responsible for replacing carpet and repainting upon move out?
The carpet has never been replaced nor have the walls been repainted during the entire 11 year duration of my residency there. When I initially moved in there were already a few stains on the carpet which I did notate in a certified letter to my Landlord upon my move in inspection. There are a few additional stains (made by myself). Am I responsible for replacing the carpet? In a few places there’s chipped paint and also plaster has fallen off of the walls, due to me rearranging furniture. Am I responsible to repair where the plaster has fallen off? Lastly, am I responsible for repainting the entire place upon my move out?
A: Your legal responsibility is to leave the premises in broom-clean condition, in substantially the condition upon move-in, but with ordinary wear-and-tear excepted. I imagine 11 years of "ordinary" wear-and-tear can be quite significant, meaning the premises will not look as new and clean by a long shot compared to what it was 11 years ago, and that is totally acceptable. No landlord can expect to re-rent a premises after 11 years without wholly replacing the carpets and completely repainting the walls, as well as replacing all the appliances. 11 years is generally beyond the useful expectancy of every major appliance. 3-5 years is common for carpet replacement in a rental. Repaint should be done more frequently than every 11 years as well. You may need to spackle holes and fill nicks in drywall and plaster, if you caused such damage, but not repaint those areas. Take photographs of every room and all the floors after you have cleared everything out and cleaned up. These photos will be your evidence to defend any false claims seeking damages.
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