Legally Required Obligations for Landlords
There is no universal law that requires landlords to replace carpets within a set time frame. Most landlords and property management companies in Florida follow guidelines set by industry standards and voluntary agreements obtained through the apartment association. Typically, under these guidelines, carpets will be replaced when they show significant signs of wear and tear in an amount that is substantially higher than normal use.
In the absence of lease conditions or local guidelines, the general rule is that a landlord must replace a carpet whenever the carpet provides no more value to the tenant. If the carpet is torn, has stains that cannot be fully removed, or smells badly, then the tenant may have a legitimate complaint. Even if the carpet is clean and in good shape , a tenant may have a valid complaint—as long as the tenant can prove the carpeting substantially increased the rent amount.
The landlord might simply be waiting for a new tenant or for the budget to determine whether and when to replace the carpets. In this case, as long as the carpet is reasonably clean; does not contain any noticeable hazards, such as trip hazards; and does not excessively smell, the tenant probably does not have grounds to bring a legal action against the landlord.
Even if the carpet is used, stained, or worn, the tenant may be held responsible for the reasonable depreciation amount. Every lease should have a clause that provides the landlord the right to remove the cost to replace the carpet from the security deposit. If no carpet is in place when the tenant leaves, the tenant may have to pay the full cost to replace it. If a carpet costs less than expected—maintenance costs, salvage costs, and depreciation—the tenant might only need to pay the lesser amount.
When is Carpet Replacement Obligatory?
Normal wear and tear can make a carpet look shabby. It does not need to be replaced always if it is showing signs of use and depreciation on the surface. But underneath the carpet pile, a different story may start to unfold. There are circumstances where carpet replacement becomes necessary even when a tenant only used the apartment for a relatively short time.
If the carpet has been damaged, then a landlord is usually required to replace the carpeting or repair it to a reasonably good condition. This would include damage from pets, leaking water, fire, smoke, or flood. When a tenant has caused damage to carpeting that requires replacement, the landlord may also ask for compensation to make up for the difference.
For carpet that’s not damaged but still needs to be replaced, the guidance offered in New York is provided through its Rent Stabilization Code. Section 2520.4(h) states, "The landlord shall be responsible for and bear the initial costs of replacement of carpet in an apartment." However, the Code allows the landlord to "replace such carpet upon one month’s written notice" to the tenant and add the cost that exceeds $1.50 per square yard of carpeting of lower quality, provided "the payment of such costs through RCNY 2522.4(c), must be made within one month from the date of such notice." When an apartment has ordinary worn-out carpet, the landlord may pay for carpet replacement, as long as the tenant moves out for one month. This is the letter of the law. However, case law suggests that a tenant’s health may trump replacement of carpet. For example, in Nichols v. 220 East 63rd Street, Inc., the tenant requested that the carpet be replaced due to her allergies. The court held, "the rights of other tenants are subordinate to the serious medical needs of an individual."
If a tenant experiences health problems that were not addressed by a landlord, a court may find this willfully negligent. In Rent Stabilization Association v. New York State Division of Housing and Community Renewal, Rent Stabilization Association, a trade group representing owners of buildings in New York City, discounted the legal justification behind shortening the Notice to Vacate to one month for carpet replacements. The owners claimed that the law should be amended to further protect landlords by providing an opt-out clause stating that carpeting needed to be replaced after four years at the owner’s discretion. Of course, the statute already provides that notice can be waived "by the consent of the tenant." New York State Division of Housing and Community Renewal responded that the law does not put restrictions on landlords making repairs to carpets beyond the four years.
Tenant Rights Regarding Carpet Replacement
Tenants have a right to request carpet replacement, whether they are requesting it be replaced at the beginning of their lease, or mid-lease, and whether they are requesting a professional cleaning of the carpet. While a tenant does not have the right to request that the carpet be replaced with a specific type (for example you cannot ask for a green carpet because you prefer that color), they are allowed to request carpet replacement (or cleaning) when it is necessary.
A tenant may also ask their landlord to replace carpet that has been damaged, but whether the landlord can legally charge them for the cost of that replacement will depend on who was at fault for the damages.
If the tenant feels that the landlord is ignoring their request for carpeting replacement, they should document the request in writing. A separate note in which no payment is mentioned should be sent to the landlord specifying the condition of the carpet and how it does not fulfill the requirements set out by a state or local law. The tenant can also ask if the carpet cleaning being requested is a part of their lease agreement or part of the HOA fees that are paid.
If the landlord does not comply with the request, the tenant can consider filing a complaint in their local small claims court, along with photographic evidence and evidence of the condition of the carpet.
Reactions from a Landlord’s Standpoint
Carpet replacement presents a challenge for Florida landlords that may not be considered upon initial lease execution. Florida landlords should choose to spend the time contemplating how frequently carpet needs to be replaced, whether they will attempt to avoid spending money replacing it, and how to present a clear policy regarding expectations for carpet upkeep, care, and replacement, to their tenants.
Landlords must take into consideration the frequency with which their carpets will need to be replaced. If a tenant stays ages 1, 2, or 10, whether for less than a year or more than ten years, and the landlord is contemplating, at the outset, how long he or she will want the carpet to last. Landlords should then, if they expect to replace every 3rd, 5th, or 10th tenant, for example, reduce that rent accordingly to not only manage their cash flow but meet their anticipated obligations. For example, if a landlord anticipates that a tenant will stay three years in the unit and carpet replacement costs $2,500, the landlord might have to increase the rent by $70 per month to meet the costs of carpet replacement in the future at the outset of the lease.
While it may not seem important to some landlords, ensuring that each lease and/or rental application states that the tenant is responsible for all the maintenance of the carpet is important. If there happens to be a dispute, a landlord may end up getting stuck paying for carpet replacement and having to sue a tenant for the value of that replacement who will then counterclaim for the excess rent they believe they paid to help the landlord recoup the cost of the carpeting. including the cost of labor and financing, and reimburse the landlord for the wear and tear on the carpet plus the time value of their money, it might seem a cheaper alternative to refuse to replace the carpet at all, and have the tenant be responsible for the upkeep, care, and replacement . However, tenants are often unhappy to learn that landlords expect them to use time and energy to pick out and install the carpet and may move at the end of the lease term, leaving the landlord with an empty apartment requiring carpet installation and more expense.
How many landlords usually end up not feeling comfortable carpeting their units more than once or twice in a period of time, they make an exception. However, a lack of adequate rental applications and carefully worded and applied policies can leave a landlord exposed to liability under the Florida Residential Landlord and Tenant Act, the Fair Housing Act, the Florida Fair Housing Act, and Title VIII of the 1968 Civil Rights Act.
Florida landlords often are not aware that carpet replacement laws and policies are in part governed by the Fair Housing Act (FHA). Under federal law, a person becomes a "handicap" when he or she is substantially limited in the performance of one or more major life activities due to a physical or mental impairment. This status is significant because the Fair Housing Act prohibits landlords from discriminating between tenants who are handicapped and those who are not. In a recent federal case in the United States District Court for the Middle District of Florida, a Florida landlord denied an emotionally disabled tenant the opportunity to install new carpet in her apartment unit and was successfully sued when the court demonstrated that the Fair Housing Act required him to allow the tenant to install her own carpet in lieu of forcing the landlord to incur expenses replacing perfectly good carpet or force the tenant to stay on outside doors to come and go from the apartment by removing the old carpet and installing new flooring or no flooring at all.
Resolving Carpet Replacement Disputes
Like all things related to apartments, carpet replacement can be a source of dispute between an apartment landlord and a tenant. One common dispute is whether the carpet needs to be replaced because it is worn or stained, or whether cleaning is sufficient. Another common dispute is when the apartment landlord will actually replace the carpet. A tenant who moved into an apartment with new carpet may expect that when he or she moves out, the carpet would be replaced at no charge to them. Alas, that is often not the case. A tenant who disputes an apartment landlord’s decision not to replace carpet can file a complaint with a local home improvement licensing board, as the replacement of a carpet is a home improvement under State law. The tenant can also file what is called a "summary ejectment" action against the landlord in the local District Court. A tenant has six years to file a claim for breach of contract against a landlord. Tenants should always consult with an attorney before filing a claim because sometimes an initial loss can be supplemented by additional damages, like loss of use or other incidental damages.
Sometimes, it is better for the tenant and the landlord to mediate their dispute. Landlords can avoid exposure by having all work completed by licensed contractors and paying by check. Many tenants are self-insured, so even if they have a potential claim against their landlord, there might not be any incentive for them to pursue the claim. However, if the tenant is insured, the landlord could see a higher premium and fewer and longer lasting relationships with tenants, which is bad for business. It is usually best to negotiate a settlement that allows both parties to come out ahead in the long run. While disputes are sometimes necessary, it is always better to take steps to prevent the dispute in the first place. The installation of carpet is a simple procedure. Carpet can be purchased through retail sources, delivered, and installed by a qualified installer. It is important to remember that all parties to the sale and installation are responsible for all damage incurred while the parties are satisfying their obligations under the contract. There are no shortcuts to an installation, and there are no shortcuts to ensuring quality workmanship. Do you get what you pay for, or do you get what you expect?
The right carpet in an apartment is a decision that can boost the value of the apartment and keep tenants happy. Taking the time to find the right carpet and the right installers is the best way to go. Both tenant and landlord may be terribly unhappy with the quality of the floor covering, and it is best to avoid those unnecessary problems in the first place.
Case Studies and Examples
A few years back, a California tenant sued a landlord when her carpet replacement costs after a maintenance visit were not re-imbursed by her landlord. The tenant had requested the maintenance work after her pet cat daubed on the carpet. The tenant had to expend $1,200 of her own money to repair the damages. She was concerned that if the landlord decided not to renew her lease, she would be on the hook for replacing the entire carpet.
In the course of the lawsuit, it also came out that the landlord had failed to meet the first day of the month deadline for minimum amounts of replacement carpeting, even though her damages were well below that minimum requirement. When she requested the landlord to pay her for her expenditures, she was told it would be covered by the $3,000 minimum she was required to pay upon vacating. She did not want to pay $3,000 for the minor damage made by her pet.
Fortunately for that tenant, she was covered by section 15 of the Santa Monica Municipal Code, which caps the damage that tenants are required to pay for damages , including carpet replacement. Tenants are capped at $1500, to cover the prorated share of the overall carpet replacement cost.
The tenant in this case sued the landlord because the property’s condition did not meet the local codes requirement for the carpet replacement to be covered. The tenant won her case and was paid the amount of damages she claimed, less certain amounts for other damages. The landlord was also ordered to pay for the tenant’s attorney’s fees. The landlord was unable to be paid from the tenant’s security deposit as she had allocated the funds to an unrelated matter. Cases between tenants and landlords handling excessive carpet replacement cost are common in high-rent areas. Tenants may try to repair damages without making the landlord aware of it, but if the damage is large enough, or look odd enough, the landlord may bring it to the tenant’s attention. In cases where a tenant has been found responsible for large carpet replacement costs, sometimes local laws have gotten involved to protect the tenant.