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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10221
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have 4 year old carpet that was brand new when the tenant

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I have 4 year old carpet that was brand new when the tenant moved in. She signed no smoking and no pet addendums. The carpet is trashed due to smoking and pet stains. What percentage can I charge her for carpet replacement? I live in Minnesota

Dear Customer,


Thank you for choosing Just Answer. You are entitled to have the property back in the condition that you rented it in. While general landlord tenant rules require that there be an allowance "for normal wear and tear" which reduces the replacement value for products such as carpeting, when the tenant is in violation of the lease causing direct damage to the property, you are entitled to repair that fixes this damage (new carpet replacing the new carpet that you installed at the beginning of the lease period).


The painting is another issue, usually painting is included as a "turn over cost" after a reasonable time, 4 years is not unusual to have the painting done. You may recover costs for the work or supplies in excess of what it would normally have taken to paint the unit (for example if there are severe stains in a certain part of the kitchen ceiling, you may charge for stainkill for that area and associated time to put that on), but you cannot charge for the full paint job as a great deal of that would be included in "normal wear and tear".


Please keep in mind, I have not seen the interior of this unit so the decision as to what work falls within this breach of the lease, and excessive use, as compared with items that must be repaired due to "normal wear and tear" is something that you will need to evaluate as a landlord.


For all matters like this, I would advise that you carefully document the damage, (both in the required itemized list format, and by photo), and the cost for the specific tasks to repair or replace anything in the unit. You will need to present this to the tenant, and with significant costs such as a carpet replacement, you may need to go to court, having careful documentation will be very helpful.

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