Legal Question in Landlord & Tenant Law in New Jersey
we have been in our apt. for 3 years and moved to another unit. The carpet in our unit is in good condition, with the exception of a few small spots in the living/dining room area and a discolored spot by the kitchen. We got the carpet cleaned and the property said it looks good, now they are coming back and saying that they need to replace the carpet because of the spots after I have gotten it cleaned and will only charge us for the living/dining room and hallway. What are my rights in fighting this? This carpet is 5 years old and isn't this considered wear and tear. Can they reimburse for the carpet cleaning? And what are the NJ laws in replacing a carpet after how many years?
2 Answers from Attorneys
Just be prepared to present you receipt for having the carpet cleaned. By definition a carpet is something underfoot, subject to ordinary wear and tear, which is not compensable by the tenant.
A tenant is only liable for damage in excess of ordinary wear and tear. Additionally, a tenant is not liable for the ordinary depreciation of carpet. Even if the carpet had been completely destroyed, the most that you would be responsible for is the FMV of a three year old carpet (and possibly less if the carpet is older). How you go about getting that money back depends on how it was charged. If the old lease was closed out, you can sue for return of any security deposit that was improperly retained. A less dramatic approach may be to have your lawyer write to the landlord.
See also: http://info.corbettlaw.net/lawguru.htm
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