How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask barristerinky Your Own Question
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36983
Experience:  Attorney over 16 years, landlord 26 years
19958803
Type Your Landlord-Tenant Question Here...
barristerinky is online now
A new question is answered every 9 seconds

Moved into a rental that had some pet stains (about 7).

Customer Question

Moved into a rental that had some pet stains (about 7). Carpet is ten years old. We have a few more stains after living there a year (around 3). Carpet is also raising up in some areas when we moved in. However, now landlord charging carpet cleaning $100 and carpet pad replacement $100 with possibility of full carpet replacement on us. Can we fight this?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 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.

.

The cleaning no, if it was cleaned prior to you moving in. You have to return it in the same condition of cleanliness that you received it in.

.

As for replacing pad, you can't be charged for that or for any replacement of the carpet because it is well past its 5 year depreciable lifespan. So the only thing the landlord could charge you for is the cleaning.

.

If they are charging more, you have the right to sue them in small claims court for any improper charges. Courts apply a 5 year depreciable lifespan to carpets and once that has passed, the carpet is considered valueless. So even if you entirely destroyed the carpet, you can't be charged for it since it has zero value.

.

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

.

.

thanks

Barrister

Customer: replied 8 months ago.
Thanks for the response. To clarify- the carpet cleaning quote of 100 states living room and stair for purpose to remove pet stains and pot odors using molecular modifier, remove carpet padding from affected area deo ordorize concrete slab to living room and wooden floor to stairs. Should we object to this claim as well? Honestly, the house is for sale as is, I doubt she will even fix this stuff.Finally, if it comes to small claims as she lives in the UK, would she have to return to the US?
Expert:  barristerinky replied 8 months ago.

You are very welcome. Happy to help any time.

.

Should we object to this claim as well?

.

Assuming the padding is 10+ years old as well...again, it is well beyond its depreciable life. But the cleaning she can hold you liable for because as I mentioned earlier, if you received the property and the carpet had been cleaned you have to return it that way or can be charged. I am not talking about stains, I am talking about the carpet having been steam cleaned.

.

So cleaning and/or repairs that are necessary due your pets, you are liable for, but replacing the 10 yr old carpet or padding, no, you aren't liable for that even if your pets damaged it.

.

Finally, if it comes to small claims as she lives in the UK, would she have to return to the US?

And it is incredibly unlikely that she would return to the US to sue you for something like this as she would have to sue you here where you live to get personal jurisdiction over you.

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

.

thanks much

Barrister

Related Landlord-Tenant Questions