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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 15984
Experience:  7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My fiance recently left her apartment after over 2 years.

Resolved Question:

My fiance recently left her apartment after over 2 years. There were 4 people that cleaned the unit and there were no unusual problems with the carpet. They want $115 to clean the carpet. Isn't that considered normal wear and tear and their repsonsibility?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Yes, it should be. Normal wear and tear to carpets cannot be charged against a tenant's security deposit. Normal wear and tear includes simple wearing down of carpet and drapes because of normal use or aging, and includes moderate dirt or spotting. In contrast, large rips or stains justify a deduction from the tenant's security deposit for repairing the carpet replacing it if that is reasonably necessary.

One common method of calculating the deduction for replacement prorates the total cost of replacement so that the tenant pays only for the remaining useful life of the item that the tenant has damaged or destroyed. For example, suppose a tenant has damaged beyond repair an eight-year-old carpet that had a life expectancy of ten years, and that a replacement carpet of similar quality would cost $1,000. The landlord could properly charge only $200 for the two years' worth of life (use) that would have remained if the tenant had not damaged the carpet.

As such, the carpet would need to be in the same or similar condition, less normal wear and tear, as when they took possession of the unit. Of course, if there was a clause in the lease agreement that allows for the landlord to charge a fee for the cleaning, that would be allowed since she agreed to it but she has a right to dispute the cleaning and ask for evidence to support their charge.
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 15984
Experience: 7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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