The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  
Oregon carpet law??? - Landlord Forum thread 125033







Free Landlord Newsletter





FREE BONUS Forms Disk for
2 -5 year LPA Members




Excuses!

Oregon carpet law??? by Ray on July 31, 2006 @20:43

                              
is there such a thing I have had 2 tennants now ask me about this sooo called law. If a tennant lives in a rental for more than 5 years the landlord pays to replace the carpet at his expense as part of normal wear & tear??? I have been unable to find any information on this. Anyone else know anything about it. My tennants keep dropping hints, I know they dont want to pay for the carpets damage anyhow.
[ Reply ] [ Return to forum ]

Re: Oregon carpet law??? by Jack on July 31, 2006 @20:53 [ Reply ]
Tenants always tell me of the greatest laws.
We should make up a webpage of Tenant "Laws" that our tenants tell us about.

My tenant told me that it is the law that the landlord paint the inside of the house or apartment every year.

Another one said it is against the law to charge a late fee.

Re: Oregon carpet law??? by Anonymous on July 31, 2006 @23:30 [ Reply ]
Tell them youd be happy to consider it when they send you a copy of "the law", oregon civil code and all so you can double check yourself...trust me, once you call their bluff, that will be the last you will ever hear of this...tenants have a vivid imagination and stuff like this soon finds itself in landlord/tenant folklore
Re: Oregon carpet law??? by Anon in Oregon on August 1, 2006 @11:17 [ Reply ]
I've done some research on this as a Tenant who has been forced to take a land lord to court.

There is nothing codified in Oregon law about carpet wear and tear.

All Landlord / Tenant Law is covered under Oregon Revised Statutes chapter 90 (ORS 90)

The only one that would come close is this passage from ORS 90.300 (5):

(5) The landlord may claim from the security deposit only the amount reasonably necessary:
(a) To remedy the tenantís defaults in the performance of the rental agreement including, but not limited to, unpaid rent; and
(b) To repair damages to the premises caused by the tenant, not including ordinary wear and tear.


The entire statute can be viewed here: http://www.leg.state.or.us/ors/090.html

If the tenant has been there for awhile, you might consider giving them a discount on replacement costs. If taken to court, the judge would decide what is "ordinary wear and tear."
Re: Oregon carpet law??? by Phillip in Western New York on August 2, 2006 @11:30 [ Reply ]
If the carpet is beyond it's normal life and is also in such a condition that it is not adequate, I would say that it is your responsibility to replace. On the other hand, if it is newer and there is damage, charge them for the undepreciated amount and replace it.
Re: Oregon carpet law??? by Martinst (Oregon) on January 9, 2012 @03:18 [ Reply ]
As a landlord, your rentals are your business, and the carpets are an expense item. These items have a life expectancy. What your tenants are referring to is the life expectancy of the carpet and, yes, as a responsible landlord, you should be replacing the carpet at the end of the carpets life span. Now having said that, because there are a variety of carpets and because there are so many variations to consider, the life expectancy will vary. However, a 'family home' carpet should have a life expectancy of 10 years, and apartments and rental units will be between 5 and 10 years.



Landlords should know and use the life expectancy value to determine depreciation, not only to account for their taxes each year, but when calculating damages, if any, at move out. If a carpet has a life expectancy of 10 years and costs $1000 to put in, that would be $100.00 a year. If a tenant lives in the unit for 5 years, but causes damages, the most you can ask from that tenant is $500...the residual value of the life expectancy of the carpet.



Re: Oregon carpet law??? by Help123 (OR) on January 30, 2012 @13:54 [ Reply ]
I'm an ex-tenant, but I'd love to know what you guys think... I was in a place for almost seven years and my landlord is coming after me for carpets, hardwoods, paint -everything. I left the place in great condition; I scrubbed floors walls, appliances etc for days. How far does wear and tear go???
Re: Oregon carpet law??? by mistyliberty (OREGON) on April 2, 2014 @12:59 [ Reply ]
Question... I am a tenant and I've lived in my apartment for almost 2 years. The carpeting is about 20 years old, how do I go about getting a copy of when the carpeting was put in? I have a dog that dug up a small piece of carpeting upstairs, I know that the landlord can charge me for the damage(which is ok) but can he legally charge me to replace the carpets? The last tenants that were living there were there for 8 yrs. Any help would be much appreciated...
Re: Oregon carpet law??? by jessie (oregon) on July 30, 2014 @19:27 [ Reply ]
Actually these other commenters are wrong in a way and also sound like crappy landlords...if anything in the rental is unsanitary it is required to be replaced by law...if your tenant is on housing assistance you are required to change it every 5 years (for free) without charging the tenant from there deposit...a good rule of thumb in life is don't be a slum lord...and try not to have the attitude of "its mine so I make the laws and tenants have no rights".
Re: Oregon carpet law??? by Shaun (Oregon) on September 14, 2014 @15:03 [ Reply ]
We are curious about this a tenants who have lived in this rental for going on 13 years. The house was not painted inside before we moved in, nor was the carpet new. It still hasn't been painted and the cream colored carpet is almost impossible to keep clean anymore.

We are very clean people and the rental agency does a yearly inspection and we have brought these issues up every inspection but still no action.

We love the house and take great care of it but it is getting to the point of embarrassing with the inside not getting the attention it needs.

Check-Out
Log in

Look-up
Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories

Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help



Contact The LPA

© 2000-2014 The Landlord Protection Agency, Inc.

If you enjoy The LPA, Please
like us on Facebook The LPA on Facebook
Follow us on Twitter The LPA on Twitter
+1 us on Google