Who Should Pay to Replace This Carpet?

[mylittlebuttercup]

They should forfeit their security deposit, and your mom can use that towards the cost of a new carpet. If the carpet is cheaper, she should give them the difference. If it's more expensive, she should pay the difference herself since it wasn't a brand new carpet to begin with.

 

[dd50]

How old is the carpet?

 

[Evi]

I think its a bit much to ask someone to pay to replace a damaged carpet. I would have your mother replace the carpet but charge them for replacing the area that was not stained by the stairs.

Your mother needs to be careful of how this plays out she may loose money and have to deal with legal fees. Also if they are friends you need to ask yourself is it worth risking or damaging the friendship over. If its a rental unit you should be able to replace the carpet fairly cheaply and then it would actually make the unit more appealing to a new tenant. Make sure in your new lease you include clauses regarding damaged property and maybe take a security deposit. But I say suck up the cost on this one. In the future don't mix family and friends with business.

 

[kimmyann]

It almost seems that your friend figured that the carpet was already damaged so it did not matter that the cat damaged it some more. By them not wanting to pay to clean up the mess that tells me that was their thinking on the matter. It could easily be re-rented with bleach stains, those can be covered up with furniture or rugs, but cat urine can't be covered up, ever. Your mom should get an estimate on the cost and take what she feels fair from their deposit, also make sure she includes the cost of subflooring and padding, that is the only way the smell will go away. Your mom also has to go by what is in the lease also though.

I'm sorry your in the position your in, no one like being in the middle. I don't like it when people assume they can damage things just because it already has some damage especially in this case where the damage is totally on a different level. You may think your friend is not like this, but apparentley they are. No one really knows another person.

 

[christinec68]

I think your mother should use the pet and/or security deposit to replace the carpet. This type of situation is exactly why landlords collect security deposits. The tenants accepted the bleach stained carpet when they moved in and aside from normal wear & tear they are supposed to vacate the property in the same condition it was when they moved into the apartment.

 

[Duckiedee]

I'm with the posters who say Mom pays for the carpet/pad, tenents for the subfloor (if needed) and closet carpet.

Sounds like your mom has been lucky to have people who have paid on time and overall have been good tenants... not everyone can claim this.

Yes the cat peed on the floor and it is YUCK - but it happens even to good owners with good pets. Pets get sick, old, jealous, etc.

They paid a pet deposit and your Mom allowed them to live there. Reasonably, she rented to them knowing that she is taking a calculated risk when she allows renters with pets to live on the premises and that there is potentially chance of "pet normal" wear and tear. She still felt it was a good enough business decision with pets to enter into the agreement - so in a weird way she agreed to the responsiblity of what could possibly happen.

The fact they owners didn't request to have the carpet changed prior to moving in, and are willingly paying for the other carpet shows me good faith on their part.

Where your Mom had budgeted prior to their moving in the cost of the carpet replacement, it's not like she is 'out' money to do that part a year later... in fact with the interest that money would have potentially earned BECAUSE of the renters - even with replacement - she is ahead.

AND assuming she had good renters all year (assuming because you are still friends with them and believe their intentions) - I don't see a real question here why what has not been suggested would be a kind and fair solution.

I don't think they should get their pet deposit back - but there regular deposit of over $1000 should be returned minus the fair cost of the closet carpet and possible subfloor.

All the best!

 

[sookie]

what state is this in? maybe you can look up the laws online and help your mom out.
i'd say they sound like the renters are trying to work with your mom though - and she needs to understand that if the carpet is due to be replaced anyway (and was previously damaged), then she isn't going to get anything if she goes to small claims.

 

[michellejed]

My vote is Mom pays for new carpet in bedroom and tenant pays for new subfloor and damage in closet.

Before you put any new carpet down you should have the subfloors painted with Kills paint. It will protect the subfloor from future problems with pets if she is going to continue to rent to people with pets

 

[pixiewings71]

The carpet was damaged before they moved in, why should they replace already damaged carpet? Your Mom should pay for the carpet where the bleach stains were, your friends should pay for the closet area carpet that was not damaged before they moved in.