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Can A landlord demand that you have the carpets

Customer Question
Can A landlord demand...

Can A landlord demand that you have the carpets professionally cleaned? Side note the home is in foreclosure and can't be rented out, plus the carpet is over 10 years old with stains.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Minnesota

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The lease requires that the carpet be professionally cleaned when tenant moves out

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My daughter only paid a partial last payment because of the foreclosure. She found other tenants of the same landlord that they never got a refund of there security deposit.

Submitted: 6 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
1/1/2018
Lawyer: insearchoftheanswer, Lawyer replied 6 months ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 57,040
Experience: Lawyer; developer/owner of RE developments.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Lawyer: insearchoftheanswer, Lawyer replied 6 months ago

Good evening. No, the landlord would not be able to withhold a dime for that. You could have completely destroyed the carpet and would not have been responsible for it. Even if you did cause some damage to the carpet the landlord is not going to be allowed to deduct any portion of the cost of replacing the carpet under the useful life concept and the age of the carpet when you left. Under this concept, even if you caused damage to the carpet other than normal wear and tear such that the damage caused would require the carpet to be replaced, you are only obligated to pay for the cost of replacing the carpet times the remaining useful life of the carpet. Typically, carpet in a rental unit would not have a useful life in excess of 5 years. So, at 10 years old, there is no remaining useful life and you would have no obligation for the cost of carpet replacement because you did nothing to shorten the useful life. If the landlord will not return your deposit voluntarily, file suit in small claims court. Once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet you in court and answer questions under oath about the losing party's assets. After that information is obtained, you have the power to attach bank accounts, have the sheriff seize other personal property, and/or place liens on any property to satisfy the judgment.

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