Of course, you can contest this (that the smell is or isn't noticeable), but the landlord certainly has the right to replace the carpets (and even subfloor) to remedy the problem and charge you for it. However, if a tenant has torn, permanently stained, etc. The adjudicator's decision is binding. As we've seen then Landlords can charge tenants for carpet damage. If your cats used the carpet as a bathroom for a long period of time, this may be a problem. We use a 7-year calculation and the resident moved out after seven years. According to Texas law (TX Property Code Chapter 92), a lease grants certain rights to the tenant, such as the right to a habitable dwelling and the right to take at least one form of alternative action.Landlords also have certain rights, such as the right to collect rent on a … It would not be fair, for example, to charge your tenants 100% of the cost of a brand new carpet, if it’s a 6-year-old carpet. Tenants can be held responsible for damages caused by them or visitors invited to the property. the carpet and it has to be repaired, the landlord can charge for the such costs. In Texas, a written or oral lease exists when a landlord accepts regular payment for inhabiting property. Tenants who damage carpet in a rental property can only be held liable for the remaining shelf life of the carpet at the time that they vacate the property. Washington State-Can landlords charge for carpet replacement if the carpet was old at move-in and tenant did no damage? For example, if the carpet looks a bit more worn than it did when your tenant moved in, you probably can’t charge them for it. Accountability is necessary when the landlord chooses to charge the tenant for carpet cleaning or damages. Carpet replacement laws By Tenant. This will be held and used by the landlord to pay and cover any costs on repairs for any damages the tenant might do with the rental unit during his stay. If a tenant damages a rental unit, the landlord has the right to charge the tenant for the damage by deducting money from their security deposit. Then you prorate it with what is left. Security deposit is required from tenants by the landlord before moving in a rental property. When the landlord cannot charge the tenant. Tenants also must not damage the property or allow guests to damage the property. For example, if you put down a $500 security deposit and caused carpet damage that led to $600 in replacement costs, the landlord can send you a bill for the remaining $100. We had it professionally cleaned when we moved out. On the other hand, if there are massive holes in your walls, you can deduct the cost to repair the holes from the security deposit. I want to add a “WTF” charge, because their dog ate through to the concrete and it is stained everywhere. As a general rule, courts set the life span of a carpet at 10 years. But if the tenant doesn't agree with the deduction the deposit scheme will appoint an independent adjudicator to decide the issue. We rented a very old house for 8 months on a month to month contract. However, you retain the right to protest the charges and take your landlord to small claims court to recover your funds. The master bedroom carpet was very old and we did no damage to it. If the carpet cannot be repaired, the tenant can then be charged for the prorated replacement cost of the carpet. If the landlord needs to charge the tenant to replace part or all of the carpet, this enforces how much can be charged and ensures that overcharging does not occur. A tenant cannot be legally charged for damages caused by the landlord’s negligence or for damage resulting from normal wear and tear in the unit. You need the previous carpet bill to show the age and pictures to show the carpet condition at replacement.