Is it my Responsibility to remove the carpet then I vacate my apt.
when I moved in 22 years ago there was a dirty carpet and old tiles on the floor which I replaced. Now that i'm moving the landlord wants me to remove the old carpet and tiles at my exspense, other wise I will not get back my security deposit. I don'w see this in my lease
I'm a good tenant and don't think this should be at my cost, He is putting in wood floors, a new kitchen and bath for the new tenant.
It sounds like your landlord wants some free labor out of you!
Do you have your original lease? What does it say about altering the apartment? Most leases say you have to get permission from the landlord to change things like flooring and wall color.
Do you have written permission for the change? if the landlord consented in writing, he can't withhold you security deposit.
Do you have photos that show the apartment before and after? If you're leaving the place better than it was, and can document it, that may work in your favor.
Check your area for a tenant rights group. They can often mediate these issues for you, or help you understand what your options are.
Your landlord sounds terrible. If in apt for 22 years, they are going to have to remove the carpet anyway because it is so old. The life of apt rugs is about 5 years.
I don't know if this is a single apt or a complex but a apt complex has a program such as YARDY that keeps tabs on how old the carpet is , etc. Most people move in and out of apts much shorter than 22 years.
Ask him/her this: If I didn't change the carpet and tile, is it not true you would had have to remove them anyway? Charging me for normal wear and tear of an apartment is unethical and illegal.
I don't know what state you live in but check the landlord tenant rules for your state. This is for AZ only:
ARS 33-1342. Rules and regulations
A. A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. Such rules or regulations are enforceable against the tenant only if: 5. They are not for the purpose of evading the obligations of the landlord.
Housing Counseling Hotline: (602) 262-7210 (602) 262-7210 (provides help to tenants about their rights and responsibilities)
Arizona Tenant Advocates: (480) 557-8905(480) 557-89
Most landlords would be grateful to have a tenant for 22 years!
Oftentimes leases contain a clause stating if a tenant changes anything they are responsible for restoring things back to the way they were at the time of move in.
For example the walls were painted tan and the tenant painted them red or blue.
However in such instances a long-term tenant is usually granted more leeway. Generally speaking the landlord will plan to revamp or modernize the empty unit after that tenant moves out.
My wife and I would probably give our tenant their whole deposit back assuming there was no major holes or other damage done to the structure of the home. Twenty-two years is a lot of rent!
If your landlord insists you remove the carpet and tiles it might be worth it for you to figure out how much it would cost you in time and labor versus how much your deposit was 22 years ago.
It might be cheaper for you to walk away without the deposit.
The other option is to sue and fight it in small claims court if your lease doesn't call for you to restore the apartment as it was or if you have (written proof) the landlord gave you permission to make the changes you did to your apartment.
Either way it sounds like your landlord is being a jerk.
This is not your responsibility at all if it in not in your lease! Do not ever make these sort of changes to any rental that you are renting or you will be liable for whatever damages/changes of almost any (near) reasonable amount that the landlord sends you a bill for. Clearly your landlord is asking you to do their job, tell them no and that it is not in your lease. Keep a copy of your lease for at least another 3 years or more. Going even further, I'd find out the statute of limitations for your landlord in your state to try and bring a suit against you even though they have no grounds for what you're saying and keep your least for at least 6 months after that period. If they are trying to pull this on you, there's no telling what else they'd try. Id LOVE to get a good tenant for 22 years!
Your landlord is required by the landlord tenenate act to replace flooring every 5 years. He should be greatful you did it yourself. If the place is clean and free of damage he can't keep it. And that's a no, you are not required to replace place it or even tare it out. There are no exceptions when you have been there that long. As long as you took reasonable care of the rental. There is an online site that tells you what you both must do. He really sounds like he wants your work for free.
In an apartment lease, it is common to require you to clean it as in vacuum or shampoo it before you leave.
It is NOT reasonable to demand that you pay hundreds or thousands of dollars to replace carpeting unless it was in great condition when you moved in and ruined by your actions like dropping burning cigarette butts on it.
I have never heard of someone demanding the tenet leaving replace tile floors. That's not your responsibility but his, and a desire, not a requirement.
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