My tenant left the carpets badly stained and they stunk so bad like old wet dogs that my painter refused to go in there until they were ripped out. He also left holes from hanging things all over the house. I told him when he moved in to make sure he used the non damaging hangers, but obviously he didn't. The carpet and paint were 5 years old but both in excellent condition. How much can I legally charge him for it?
Contractor · Belleville, NJ · Member since 2020 · 90 posts · 60 votes
5y
It's not about how much can you "legally charge him." Was there a security deposit? Next would be to get a quote to rip up and replace the carpet and repair the holes in the walls. If the cost is great than the security deposit then send him a bill for the remainder of the balance.
Contractor · Belleville, NJ · Member since 2020 · 90 posts · 60 votes
5y
It's not about how much can you "legally charge him." Was there a security deposit? Next would be to get a quote to rip up and replace the carpet and repair the holes in the walls. If the cost is great than the security deposit then send him a bill for the remainder of the balance.
Property Manager · Alpharetta, GA · Member since 2021 · 52 posts · 33 votes
5y
Carpet is measured in the square yard, painting in the square footage of the flooring space.
To quote carpet you really should just have someone price it and charge that amount.
As for holes, in my state nail holes are normal wear and tear, whereas anchors for heavier items like TVs are not. I charge per whole, $15 for a small (finger or smaller size) $20 for bigger than my finger, and flat out someone hit the wall with something charge based on the side. For painting, around $85 a wall for a standard 8' wall in a normal sized bedroom. If they go taller, or longer scale accordingly. These are my guys prices, obviously they'll vary.
If all those prices exceed the security deposit, bill for the rest.
Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
5y
I don’t agree to this but it is my interpretation of the rules. While the carpet may have been in good shape it does have a depreciating lifespan and at best you are half way through considering 5 years. Painting after 5 years seems like something you are going to have to eat for the paint itself but you can charge what was allocated to the paint job to repair the holes and charge the tenant for that. I’d chargeback 1/2 carpet pad and instillation plus whatever I could get the painter to agree was for the wall repair. Nail holes are usually considered wear and tear and to be expected but larger holes are not.
Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
5y
3 to 6 years is about the normal lifespan of typical apartment carpet, painting is a little less. I am pretty sure an insurance adjuster would label this normal wear and tear. The holes are a nuisance but unavoidable. I ask tenants to only use small nails and let me fix them. I use a filler that is the same color as the paint often I fix the holes and no need to paint over. Anchors for flatscreens are a different story. If your security deposit is equal to a month's rent I'd say y'all are about even.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
5y
In most states you can only charge actual damages, minus reasonable wear and tear.
Paint should generally be considered to have used its useful life after 5 years so no charge for painting. Small nail holes are also wear and tear, so you only charge if there is an obscene amount of holes or large holes from something else.
I don't have a reasonable life for carpet off the top of my head since I don't have it in any of my units, but I think the reasonable life is 10 years. You would pay someone to replace the carpet then bill tenant for half. (You've already used 5 of the 10 years). Make sure you're only charging them for the rooms they damaged. You cannot carpet your whole house just because tenant damaged one room.
Make sure you have photo evidence of damage and evidence of condition before they moved in. If the tenant takes you to court and you have no proof, the judge may not rule in your favor.