[lizlane]

A few days before I moved out of my apartment, I inadvertently spilled some red dye on the carpet. I tried everything to remove it, but to no avail. The day I moved I called the landlord to tell him about it. I also gave him my forwarding address. A few days later I received a bill for $1,000 for replacement of the carpet and installation fee. I only paid $100 security deposit and they subtracted that from the $1000. The carpet is 3 years old and very large. My question is do I have to pay the full amount as I am told that the life of a carpet in a rental is 6 to 10 years. So to me this means that I am liable for 50 to 70% of the costs. I am willing to pay the 70% to be fair. If I pay the 70% can they recover the other 30% in court?

I realize I have an obligation to pay for the carpet and I do not want to end up in court over this. There is nothing in my lease that says I am responsible for replacement cost, but it does state that I am responsible for repair of damage. This happened in TN and I have moved out of state to obtain employment. Also I will not be able to pay this in one lump sum, but can pay it in 3 intallments. Would that pose a problem? Please advise.

[excon]

Hello liz:

If he sued, all he would get would be the depreciated cost of the carpet. It makes sense too. Otherwise YOU wind up paying for carpet that he rented to other people. It doesn't matter what he is demanding. Offer him that much, state why, send him a payment, and tell him if he doesn't like it, sue.

Ok, you don't have to tell him that last part, but I hate landlords who steal.

excon

[Cvillecpm]

I disagree - I say you owe for the entire carpet replacement. You caused the damage and you should have had a professional look at the carpet and see about "piecing" carpet from the closet. If that is not possible, the owner replacing the entire carpet is the only way to repair your damage.

[ScottGem]

I agree that you should have tried to get a professional in to repair the carpet or get your own estimate on replacement. Now you are at the mercy of what the landlord did. If you know who the landlord bought the carpet from, you can see if they will testify that replacement was necessary.

I would make an attempt to settle. The landlord may be willing to do so to avoid suing you. But if, they decide not to accept a settlement, you would be considered responsible.

[RickJ]

I run into this fairly frequently.

1. You should only be responsible for replacement of the carpet in the room where the damage is.

2. If the carpet was old, you should NOT pay for 100% of that cost.

We do NOT "repair" damaged carpet in most cases. We use a basic 26oz cut where repairs just never work out. The repaired spot is too obvious.

If carpet in a room is damaged (burned, bleached, dyed, etc.) then I first determine how "worn" the carpet is. If the carpet is 50% worn then I charge the tenant 50% of the cost of replacing the carpet in that room.

If the carpet was 100% worn then I cannot charge the tenant anything for it.

I've never been taken to court over this, but my attorney insists that he's seen countless cases where this is deemed fair.

[lizlane]

Thanks to all of you for helping me with this dilemma. Since the carpet is 3.5 years old, I am going to offer them 70% of the $800 they are asking. The carpet area where I spilled the dye is an area by the door where one would put a piece of furniture. That area looked good, but by the door, of course it looked more worn. I will pay the $250 install fee. They are also charging me for $35 for a very nice antique mirror that I left by the dumpster. It is somewhat heavy and I could never hang it because cheap drywall wouldn't support it. I thought the trash man would take it, but he didn't so they told me it cost them $35 to have someone dispose of it. It's not like it was an old air conditioner or anything. But I will pay that also. I just hope that was the last time I ever have to rent!!

[Fr_Chuck]

Be glad it was not an old air conditioner, you have to have a licenced person take the feon out before it can be disposed of, Disposal of an old air conditioner could have been 75 dollars or more.

Of course I call old funture left in my rentals, yard sale materlal and I am surprised someone did not carry it off ( which they may have, I would ask for a receipt for them having it carried off) I they did pay to have it taken off, pay them, if they can't provide you a receipt, they took it or someone else took it.

I will note that is why I have changed a lot of my rentals to wood flooring, no carpet to tell up, and at the worst, you bring in a high power sander, and re-varnish, a lot cheaper over a few rentals.