<p>The place we rented was wall-to-wall except for the kitchen and bathrooms. This was in New England. I guess we should be lucky that they didn’t also replace the hall and other bedroom carpet.</p>
<p>It’s Berber, that is why it is difficult to patch, it was brand new when the tenants moved in, but I was not involved then so cannot speak to the decision to put in Berber. It was not planned as a rental, it is a house for sale that did not sell, hence the Berber.</p>
<p>Can I hijack the thread for a minute to ask another tenant/landlord question? My D lives in a garden apt in NC. This is her second year in the unit. It’s fine except that the cement front porch and brick front stairs do not meet building codes: the porch is over 30 inches tall and there are 4 steps, but there are no stair or porch railings. My D recently broke her ankle (an accident that did not occur at her apartment) and is on crutches. I have requested that the landlord put in railings on the stairs. He responded that he would let D break her lease with no penalty, or that he could install railings if WE would pay for them. I called the building inspector, who checked the unit and said it violates code, but under NC law he has no ability to force the landlord into compliance. He can only “request” that the landlord bring the unit up to code - he can’t even fine him. Only we or our attorney can force him to comply. (Building inspector told me if we took him to court they’d be happy to testify on our behalf). The building manager just got a bid to put railings on the front and back porches - it’s over $3k (the stairs are brick and are not a standard height - one step is unusually high.) H is adamant that we are not paying a penny toward this. I agree, but I want these railings installed ASAP if not sooner. Any advice?</p>
<p>Could you install railings and have it deducted from rent?</p>
<p>I’ve been advised by my SIL, an attorney in another state, not to withhold rent without prior approval in writing from the landlord - otherwise D will be in default on her lease.</p>
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<p>And that is exactly why I suggested that she should go ahead and replace the entire open floor area carpet and charged for the entire amount (prorated based on the years in service of the previous carpet).</p>
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<p>Except, when I show my properties, the prospective renters do not want any stains on their carpet. </p>
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<p>You got to be kidding. And by the way, there is no need to replace the carpet if there is no damage.</p>
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<p>Every state law is different. In my state the tenant needs to request (I believe in writing) to make repairs. If repairs are not made within specified time period (14 days in my state), then the tenant can bring a rent escrow action, which will compel the landlord to make the repairs. The tenant still needs to make rent payments, but they go into escrow account until the repairs are made.</p>
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I would help the D find another apartment. You probably won’t win this one, and the headache (or potential injury to D) isn’t worth it.
Is there some “reasonable replacement cost” that you can charge the tenant which would prevent the landlord from, for example, replacing the carpet with italian marble and charging the tenant the cost?</p>
<p>chedva, you misunderstood the OP. After the word “area” in their first sentence could have been the word “and” rather than a comma.
The Op isn’t saying it is damaged because of the pattern. The Op is saying it is damaged, and because of the pattern a small section cannot be successfully replaced.</p>
<p>Lafalum, contact NC’s division on disabilities (or whatever it might be called). Failure to make the unit accessible, which in this case merely requires that it be brought up to code, could be considered a violation of the Americans with Disabilities Act. And for that, I’d think either the state or the Feds could fine him.</p>
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Yes, I got that (please note that my post was only the second after the OP, who then clarified).</p>
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The purpose of law is to make the landlord “whole”, not put the landlord in a better position than he/she would have been in had the tenant not ruined the carpet. Yes, the carpet may have had a useful life, but that life is not worth the full cost to replace it with a brand new carpet. The court would have to consider what shape the carpet was in before the damage, and the older the carpet, the less the landlord gets. “Depreciation” in this instance is not the same as “depreciation” for income tax purposes. In this situation, the value of the carpet would be similar to the value of the equipment in your example for the property tax valuations, rather than for income tax purposes.</p>
<p>It’s just like with car accidents. We had a 10 year old car that we had put a lot of repairs into, that had just had some engine work done, which was then totaled in an accident that was not our fault. Given the way we care for our cars, we anticipated getting at least 5 more years of use out of it. We didn’t have the money to get a new car. Didn’t matter. The car was valued as a 10 year old car, and that’s all we got for it.</p>
<p>Lafalum: There is a grey area when it comes to the requirement to bring buildings up to code. For example, a unit build in 1970 would never be up to 2013 code standards. BUT, if that building is up to 1970 standards - and no major remodel or repair is undertaken - then in most cases it is grandfathered. Otherwise, every landlord would need to bring every building up to every new standard every year. It would be an unworkable situation. For example, my parents who are quite elderly live in a home where the stairs are most certainly dangerous given today’s code requirements. However, if they wanted to bring them up to code (and make it safer for themselves) they would need to remove part of one bedroom (it’s a 2br house) and the linen closet! The point being - they are not forced to do so. Even if they were to rent out their home, they would not be forced to change the stairs ( or any of the other multitude of items no longer up to code.)</p>
<p>If railings were not required at the time your D’s unit was built, and the owner has not undertaken a renovation (which then requires SOME things to be brought to current code) then they would not be required to do so now. It is also quite possible that if the owner were to bring the stairs up to code they’d be opening a Pandora’s box and then be required to do so for each and every unit - most likely an unfeasible economic requirement.</p>
<p>I’m not sure how things work in regards to ACA. I can see how it easily would lead to financial insolvency if every owner needed bring any unit up to ACA standards on demand. We have elderly people, who were quite spry at move in time, living in units which require them to take stairs. If we needed to install either elevators or those electric chairs when they no longer can manage the stairs, install easy access bath tubs, or larger showers (again, 1970’s building with small small small showers), it would be financially impossible.</p>
<p>Quite possibly the building inspectors are aware of these conflicts and subsequently do not push the issue. </p>
<p>Can your husband get permission to put up a temporary railing? It might be a workable solution - if the owner can get their insurance to agree.</p>
<p>Please allow me to answer my opinion based on actual experience as a 20 yr LL, but not as an atty.
The Op shouldn’t “have to” replace all the carpet because of a tenant’s damage. But sometimes we do. It is the nature of the biz. A LL shouldn’t have to spend 1000, 500, or even 100 bucks to fix tenant damage, but it happens. For me, no judge would accept billing a tenant for a houseful of carpet based on 3 sq ft(for example) of damaged carpet. If I had documentation from a carpet pro, I prob could get one room of carpet or hardwood replacement cost minus depreciation. Like previous examples, if that was a cost of $500 after the 8th yr of a 10 yr carpet, then probably a charge of $100 would be justified. I use the word “justified”, not fair.</p>
<p>Also- when dealing with tenants in my contracts and verbally, I never use the phrase “wear and tear”. Instead, I use “normal wear”. I think the “tear” portion of the phrase is misleading.</p>
<p>And to lafalum, post 23:
Based on my experience: Some items are built before some codes went into effect; and as a result are grandfathered with the previous code(if any). Those items do not have to be brought up to code(typically) unless there is some related, permit required construction going on. Adding new handrail is generally thought of as an upgrade- not a repair. Does ADA apply? I don’t know if resident has legally documented disability, but lafalum didn’t mention a disability so I suspect not. Guessing here, but from the lack of help from building inspectors, it seems LL is prob not req’d to meet current codes.
So it’s ok to ask for railings, it’s ok to negotiate with LL to install, but imo, since LL has offered a release w/o penalty I suggest if you can’t come to terms for railings, either live with what’s there now or accept his offer and move. Just as the thread is discussing, it isn’t fair to make tenant pay for a houseful of carpet, it also isn’t fair to make LL pay for all new railings(assuming not req’d by code) for a tenant likely to move relatively soon. It is unfortunate D now sees a need for railings, in her second yr living there. To try to force LL, tenant would be trying a very permanent and costly solution to a very temporary problem.</p>
<p>part of this post x-posted with Dietz</p>
<p>Thanks to all who responded to my hijack of the thread. I finally spoke on the phone in person today to the LL. The cheapest estimate from a licensed contractor to put up railings that would meet code is on the front porch is $1350. He says he cannot afford this and is not legally required to do it.</p>
<p>However he is willing to have his own maintenance guy put up a temporary - probably wood - railing which he assures me will be very sturdy. He can do this promptly. In exchange, he wants us to sign a liability waiver (since the railing won’t meet code) and pay for 1/2 of the cost of materials. I agreed. He will email the liability waiver and cost tomorrow. Now I’m just trying to figure out how to be sure the railing is actually STURDY before signing the waiver, or how to indicate this on the waiver. </p>
<p>I could hire an attorney, but that will just drag things out forever and cost even more money. I want this railing up NOW, since D told me she’s stopped butt-scooting and is crutching up and down the stairs. :eek: I may ask my cousin, who lives about 1/2 hour away, go over and check on this railing as soon as it’s installed - or at least have D skype me or face-time me so I can see it.</p>
<p>(for those who mentioned the age of the unit - it was built in 1967. It has been renovated in that the cabinets, appliances, and kitchen/bathroom floors are relatively new, the windows are fairly new, and the roof looks new. But I don’t think any major structural changes have been done.)</p>
<p>Lafalum: That sounds like a well thought out and reasonable compromise.</p>
<p>Speaking as a LL - we really do try to work with tenants and come up with reasonable solutions when possible. It is nice to come across those who are willing to compromise and also recognize that we are trying to run a business. I suspect your D’s LL will put in a solid railing since it is in no one’s best interest to have your daughter hurt herself further. Having one of your own family members check it out will give you peace of mind.</p>
<p>Lafalum: As a PT we regularly instructed healthily kids and adults to ascend and descend stairs with crutches both with and without rails. A 4 step entrance should be able to be ascended safely as long as she knows how! I myself was on crutches (skiing fall) in my late 20s and our first home had no rails (stoop type concrete stairs). Did it at least twice a day for weeks. My 20 year old D returned to school for sophomore year on crutches and had to handle traversing the campus. (No shuttle at her urban campus). </p>
<p>Best wishes for a speedy recovery!</p>
<p>Back to the original issue. The flooring people measured , there is no viable way to put in a hard surface as they have found nothing to match the existing floor.</p>
<p>I will get carpet bids Friday. There are two areas within the large transitional area which are ruined by stains, but if I replace the transitional area (it’s more than a hall, but not a room) and the connected room, then I have three bedrooms with different carpet.</p>
<p>Should/Can I charge the tenant for the 60% replacement on that area, but wait until I am ready to sell and then do new carpet in the entire place? It may be a few years before we sell, depends on the market.</p>
<p>I have taken a second look at thread, and cannot find how long tenants lived in unit and life expectancy of the carpet. Without that info, I couldn’t say what % is fair to charge.
I can say though, to be sure to get documentation from expert on why so much has to be replaced. Don’t just get a bill for replacement costs.</p>
<p>With statements from the carpet experts, it can probably be reasonably argued that the two adjoining areas are really one area, and replacement must be done in both areas. The cost to do so should be prorated based on the rated life of the carpet, which may or may not match the depreciation schedule use on the landlord’s taxes. </p>
<p>If the carpet’s rated life is 10 years, and was installed 7 years ago, you can charge 30% for the remaining 3 years. You might want to argue that the real life of the carpet is another 7 years, but maybe that is only so because the tenant took good care of the rest of the carpet (and you state that in this case, there has only been the one tenant). If the tenant is remaining in the home, the replacement should happen now, if you are charging for it now. If you intend to wait until you sell the home, you should wait to charge, and then prorate based on the useful life remaining at that time. </p>
<p>There is no reason why the bedrooms would need to be changed, particularly if there are doors to close them off. Many homes have different color carpets in the bedrooms, to match the decor. If the carpets in the bedrooms are still in reasonable shape, you might offer a credit toward new carpet, rather than replacing it before selling again. Many years ago on one of our house hunts, we turned down several homes with new carpets because we didn’t like the owner’s choice for replacement (one had brand new WHITE carpet in a 4BR house - obviously designed for a family with children). Several that made our final list had older carpets, and money set aside to replace them once the house was under contract - with the new owner to choose the color and upgrade to higher quality if they wanted.</p>