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RobertJDFL
RobertJDFL, Lawyer
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Under Florida law, what is considered normal wear and tear

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Under Florida law, what is considered "normal wear and tear" with regard to a lightly stained burbur carpet in an apertment rented to someone with pets. Burbur is the most difficult carpet to clean after animals and/or small children, both of which were permitted with the landlord's knowledge. The carpeting has been intensely cleaned twice by carpet professionals, but isolated light stains persist. Does this justify the landlor's intent to replace all carpet at my cost?
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  RobertJDFL replied 4 years ago.

Florida law doesn't define "normal wear and tear", it is more what the reasonable person would find to be normal. In terms of carpeting, there may be some fading and staining from foot traffic because of normal day to day living on the carpet. It also may just be old carpet. However, things like burn marks, tears, rips or holes in the rug, or urine stains (even if the landlord knew you had and consented to the pet), fall outside of "normal" wear and tear. However, the landlord should only replace so much of the carpet as necessary. Thus, if the bedroom carpet is badly damaged and needs to be replaced, but the living room is fine, only the bedroom carpet should be replaced.

 

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This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

Customer: replied 4 years ago.
No one room is "badly" damaged as in your response referencing the bedroom, but, apparently, there are one or two very light stains in each room. Am I just out of luck?
Expert:  RobertJDFL replied 4 years ago.

One or two light stains (assuming they aren't pet stains) I would think a court would consider normal wear and tear, and not grounds to take some or all of your security deposit. Things like that happen from living. I HATE Berber carpet -it gets filthy and never looks clean, even after being professionally cleaned.

 

The landlord must to notify you in writing (which I presume he did) of their intent to claim the security deposit, after which you have 15 days to file an objection in writing. I'd file an objection in writing and contest the security deposit being used.

 

Please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you-no payment for my time and effort is made until you click accept. A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please click on REPLY (not "Re-list") and I will be happy to assist you further.

Remember that the correct answer is not necessarily always the one you may want to read, but it is important that I give you the most legally correct answer for your situation based on the facts you have provided, so please be courteous when deciding whether to accept an answer and when leaving feedback.


DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

RobertJDFL, Lawyer
Category: Real Estate Law
Satisfied Customers: 10266
Experience: Experienced in multiple areas of the law.
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