Charge tenant to replace carpet/what qualifies as "normal wear"?

Question

How does one determine what qualifies as "normal wear and tear" with regard to carpet?  I had a tenant just move out after a 12 month lease and, while the carpets (in bedrooms) were not brand new and had a couple of small stains (I took detailed photographs), they are now horribly stained and completely unusable.  To me, this is definitely not normal wear for a 1 year lease.  They've done other damage as well so they will already be losing some of their deposit but the carpets will take a big chunk.  I don't want to end up in trouble for charging for "normal wear and tear" - any great resources for determining this?

Kim Meredith Hampton · Answer

Unless it is some high end carpet, I usually use 5 years, and charge a pro-rated amount of the replacement. This is typically what judges will agree with if you need to go to court.

Gary L Wallman · Answer

Permanent stains are never normal wear and tear.

For most items the difference can be determined by asking the question; did this item wear out gradually due to use or was it damaged by accident, carelessness or abuse?

Carpeting should last 8 to 10 years.

Gary L Wallman · Answer

Sorry to disagree with Thomas and Kim but even in a super tenant friendly state like California their tenant - landlord guidelines call for carpet to last 8 - 10 years.

That being said, when you replace it I'd recommend going with floating luxury vinyl plank.  Durable, water resistant, looks great and is virtually indestructible.  About the same price as carpet with slightly higher installation costs.

Kenneth Garrett · Answer

@Sarah Buchanan

Its great you took before photos.  If the staining can be removed by a carpet cleaning company then I would charge that cost against the security deposit.  I use a move-in sheet that identifies what if any damage was there when the tenant moved in.  This also identified the condition when they moved in.  I tend to not use carpeting if I can.  I use hardwoods they can be easily replaced with sections and there seems to be more people who don't like carpeting due to allergies.  I like @Kim Meredith Hampton stated a prorated amount based on the age of the carpet.  That sounds reasonable to defend.

Good Luck.

Theresa Harris · Answer

Have you tried cleaning the carpet?  I've seen some carpets that look horrible and after cleaning, you'd never know it.

Thomas S. · Answer

It depends entirely on how much ware occurred in what time period. If you believe there is a exorbitant amount of ware for a 1 year period then it is not normal wear and tear.

If the carpet is more than 5+ years old the courts may determine it was at the end of it's life regardless of whether all the ware occurred in the last year.

Personally I would deduct something from their deposit for the carpets and take my chances in court. Base the amount on how old it was and how long YOU expectd it to last before they destroyed it.

In the future never use carpet in a rental property.

Charge tenant to replace carpet/what qualifies as "normal wear"?

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