The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  
How do I prorate the carpet? - Landlord Forum thread 354837







Free Landlord Newsletter





Free
Pre-screening
Prospect Card





FREE BONUS Forms Disk for
2 -5 year LPA Members




Excuses!

How do I prorate the carpet? by Anonymous on October 31, 2017 @02:08

                              
2 year old carpet in great shape, new appliances, etc. when the tenents moved in. They stayed 6 years and when I raised the rent, decided to move. Great. I did a walk-through with the wife once they were out and if I were her, I would have been embarrassed to show up. The house smelled so bad...she said the carpet had been cleaned, it was stained beyond belief and we pulled it out the next day. They had dogs and an aquarium and I think alot of extra furniture.
The refrigerator had mold, the stove and oven were covered with grease, it was disgusting, and when I pulled the stove out, there was 3 inches of various items behind it, toys, catsup packets, you name it. The walls were filthy, holes in the doors and walls from not using the stoppers, many of the locks were rusted in place, both the kitchen and bathroom sinks were leaking and we had to replace the faucets, the kitchen sink underneath was loose and the locks on the storm door were hanging by one screw. The back yard had dead and uprooted trees, the front yard grass needed mowing. All the vents were hanging or taped up, it was ridiculously neglected. And all types of cabling tacked up under the eaves and holes in every room for their direct tv and internet. They did not return the keys and she gave me a sob story about a friend in a coma, so I told her I would be fair, of course, understanding, etc. I told her I would probably be sending them a bill. They had a $500 deposit. I have two questions:
1) What should I prorate the carpet (I paid 915. for all flooring, carpet in bedrooms and hallway, and stained and sealed the living room).
2) If I have to take them to court, I'd like to just sue the husband, who was one of the surliest people I've ever met. Can I do this? Thanks for any advice.

Shelly in New Mexico
[ Reply ] [ Return to forum ]

Re: How do I prorate the carpet? by Garry (Iowa) on October 31, 2017 @07:53 [ Reply ]
Where were you when all these problems were happening? These things did not just happen over night, nor even in the past year. You should have been doing inspections at least once a year to catch some of these things. I hope you remembered to take pictures of everything before you started to repair and replace things.
Keep a list of how much it costs you to get the place back in shape to rent it out again. The carpet, I would suggest you charge them 50% of the $915. Everything else, charge the actual costs to repair all of it. Then send them a bill for the costs, less their $500 deposit.
You need to sue both the husband and wife, if you decide to sue them at all. The story about the "friend in a coma", and about the husband being "surly" Needs to be put out of your mind. Your tenants are gone now. This is BUSINESS. Keep opinions and emotions out of it. No matter how much they end up owing you, can you find them to be able to take them to court? And do they have any money or jobs to be able to get anything out of them? If not, you may end up just "eating" the expenses,(like many LLs do), and learning a valuable lesson of inspecting your places more often. Also remember, you did not have a vacancy there for 6 years, so at least you had long, steady income, instead of the costs of turnover every year or two.
Re: How do I prorate the carpet? by Anonymous on October 31, 2017 @13:23 [ Reply ]
1. six years is a good long term tenant
2. housekeeping is a gray area. some people live differently than others. If their lifestyle didn't bother neighbors OR create a hazard there's not much you can say.
3. six years is way too long without a rent raise
4. six years is way way too long without inspections. Had you had an insurance claim or especially a fire claim YOU WOULD HAVE HAD SOME S'PLAININ TA DO. and might have had the claim denied.
5. my opinion is they owe you nothing for the carpet. It was past it's useful life and replacement is on you.
6. IF conditions were indeed as bad as you said, they do owe you for a good general cleaning.--- BUT,... NOT LIKE AN OPERATING ROOM IN A HOSPITAL.
7. painting after 6 years is on you
8. APPLIANCES, FIXTURES CABinets -- gray area. I figure on spending a good chunk of money on this stuff every 10 to 15 years,.....with good tenants.

i BELIEVE a judge would look at a six year tenant favorably, irrespective of your hygiene claims.

your never inspecting your property or raising the rent will not speak well of you in court
Re: How do I prorate the carpet? by Anonymous on October 31, 2017 @13:25 [ Reply ]
1. six years is a good long term tenant
2. housekeeping is a gray area. some people live differently than others. If their lifestyle didn't bother neighbors OR create a hazard there's not much you can say.
3. six years is way too long without a rent raise
4. six years is way way too long without inspections. Had you had an insurance claim or especially a fire claim YOU WOULD HAVE HAD SOME S'PLAININ TA DO. and might have had the claim denied.
5. my opinion is they owe you nothing for the carpet. It was past it's useful life and replacement is on you.
6. IF conditions were indeed as bad as you said, they do owe you for a good general cleaning.--- BUT,... NOT LIKE AN OPERATING ROOM IN A HOSPITAL.
7. painting after 6 years is on you
8. APPLIANCES, FIXTURES CABinets -- gray area. I figure on spending a good chunk of money on this stuff every 10 to 15 years,.....with good tenants.

i BELIEVE a judge would look at a six year tenant favorably, irrespective of your hygiene claims.

your never inspecting your property or raising the rent will not speak well of you in court
Re: How do I prorate the carpet? by Anonymous on November 1, 2017 @01:17 [ Reply ]
I doubt that you could charge a tenant for damage to an eight year old carpet. The danger would be if the tenant challenged the deduction and the court reduced the deducted amount. That would mean that the tenant would be the prevailing party and entitled to court cost, attorney fees and potential damages. That's a very high risk for a few dollars.

The IRS puts the depreciated value of carpet as five year property. What that means is the the IRS has found that carpet last between 5 to 9 years on average. Higher quality carpet toward the nine year mark and lesser quality carpet the lower number of years. Most courts go by these standards. Of course a landlord could argue that their higher quality carpet should have last longer, but that's a high hurtle to achieve. Most landlords use either 5-7-10 year depreciation standards as a guide for charging a tenant for damages above normal wear and tear as that is what most courts accept. It could be argued by your tenant that the carpet has seen it full useful life and has no remaining value to the landlord. Remember, it will be the landlord who has to prove the value of the carpet.

So if it cost you $1000 to replace carpeting and the old carpet had a life span of tens years. You are only talking about $200 and not really worth the risk of losing in court and paying thousands in court cost and attorney fees, plus paying for your own lawyer too.

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

© 2000-2017 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