Q: I moved into my rental 4 years ago on February 16th. The rent was pro-rated. I am moving which is good because the home
is being sold. The carpet is very stained, but they will be putting in hardwood floors. Both the realtor and contractor came to look and told me that. Now, the owner wants to charge me for the carpet even though they are replacing it anyway. Can he do that? And since it was pro-rated in the beginning, shouldn't they pro-rate now?
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A:
In this situation, there are a few things to consider:
1. Normal wear and tear: Landlords generally cannot charge tenants for normal wear and tear on the property, including carpets. However, if the stains are excessive or caused by negligence, the landlord may have a case for charging you.
2. Replacing the carpet: If the landlord is replacing the carpet with hardwood floors anyway, it seems unreasonable to charge you for the damage to the carpet. You could argue that the condition of the carpet is irrelevant since it's being removed.
3. Security deposit: Typically, any damages beyond normal wear and tear would be deducted from your security deposit. The landlord should provide an itemized list of damages and charges.
4. Pro-rated rent: Pro-rating at the beginning of the lease is a separate issue from the condition of the carpet at the end of the lease. The landlord is not obligated to pro-rate your rent at the end of your lease due to the previous pro-rating. However, if your lease ends on a date other than the last day of the month, you may be entitled to a pro-rated refund for the remaining days.
To protect yourself, review your lease agreement carefully and document the condition of the carpet with photos. If you believe the landlord is wrongfully withholding your security deposit, you can consider taking legal action in small claims court.
If the issue persists, consider seeking advice from a local tenant rights organization or a lawyer specializing in landlord-tenant law.
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