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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33716
Experience:  Attorney for over 15 years, landlord 26 years
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I recently moved out of an apartment and received a bill

Customer Question

I recently moved out of an apartment and received a bill for replaced carpet. What are the laws as to how much they can charge? And do they have to provide me with documentation?
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state this is in?

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How long did you live there and was the carpet new when you moved in?

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thanks

Barrister

Customer: replied 4 months ago.
Hi Barrister,It is Pennsylvania. They say it was new, although they have not provided me with documentation.
Expert:  barristerinky replied 4 months ago.

Ok, how long did you live there?

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Was there damage to the carpet during your tenancy?

Customer: replied 4 months ago.
I lived there for 1 year. And no the carpet were not damaged, they said that there were stains, but I took pictures and do not agree.
Expert:  barristerinky replied 4 months ago.

Ok, there is no set schedule, but the general depreciable life that courts use for carpet is 5 years. So that means that it depreciates 20% a year and after 5 years it is fully depreciated.

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So if it was brand new when you moved in, and you lived there a year and it was so damaged as to have to be replaced, the most they could charge you is 80% of the replacement cost.

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But if you don't agree with any assessment and charges, then your recourse is to file a small claims court action based on a breach of contract claim for your deposit back and force them to prove that it was brand new and that it was so damaged as to have to be replaced.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister