Break Lease Carpet Not Replaced

When the landlord did not object it went ahead and did so.

Break lease carpet not replaced.

The reason i ask is because i thought that in a residential lease the landlord is required to replace the carpet after a certain amount of years and wondered if that applies to commercial properties. It is a common myth that carpets must be replaced when the tenancy changes. For example if you want carpet replacement due to moldy carpets then the landlord would replace carpets because of the impact it could have on your health. They replaced the carpet at a cost of 2600.

The law states that the landlord must provide safe habitable premises it doesn t say anything about how old or what condition the carpeting can be. I am curious to know if the landlord will be required to replace the carpet or if it will be my responsibility. Many landlords charge tenants to pay for carpet replacement for no apparent reason. It is a 50 month lease.

Hud s guidelines for normal wear and tear say that 5 years is the reasonable expectancy for carpeting. But if the carpet is in good condition and just the wrong color stained or won t stay clean that s your problem not the landlord s. After the lease ended the landlord claimed that the re carpeting breached the repair clause in the. The landlord came out and fixed the pipe within a couple of days.

This is probably not enough to break your lease if the landlord can fix the problem expeditiously. However the carpet was soaking wet. In addition to physical safety issues some carpets present a health risk to tenants if not replaced. If only a small portion of the home is affected then the problem may not be significant enough to break the lease.

Listed below are some facts you should know about carpet replacement. Shortly before the lease ended the tenant wrote to the landlord to inform it that it would be replacing the tiled carpeting with strip carpeting of the same colour and specification. About 6 weeks ago a pipe burst in my apartment. If your lease doesn t contain such a clause you may have more leeway to replace the carpet but on your own dime.

Even if no damage to the rental property carpet has occurred age and normal wear eventually triggers the need for replacement. Many states allow a landlord to deduct legally a tenant s security deposit to replace the rental carpet by the time the tenant decides to move out. The landlord must be given reasonable time to cure the defect. Carpet is one of the difficult issues for the courts.

If the carpet was there when you moved in you accepted its condition when you signed the lease. It s likely that the lease contains a no alterations clause that requires a landlord s written consent to make repairs or to replace the carpet.