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Moving out expenses I'm responsible for - carpet/paint

Discussion in 'Moving In & Out, Movers' started by Emma_Anatomy, Feb 22, 2016.

  1. Emma_Anatomy

    Emma_Anatomy Law Topic Starter Guest

    Jurisdiction:
    Indiana
    I have rented my apartment in Indiana since June 30th, 2008, and am moving out at the end of the month. The property manager sent me a list of costs to replace items and cleaning costs. The two major things being carpet and paint. It is my understanding that carpet has a lifespan of 7 years and paint has a lifespan of 3 years. I am looking for supporting evidence of such life span(s) to avoid being charged for replacement of these items, and avoid small claims court for being charged for things that have exhausted their lifespan in a residential rental unit. Thanks!
     
  2. army judge

    army judge Super Moderator

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    Your deposit will be retained by the landlord to cover the costs of what you're ALLEGED to owe. If the deposit isn't enough, you'll be billed, and eventually sued or sent to collections.

    There's very little, maybe nothing you can do to forestall such possibilities if the landlord is a money grubbing, greedy slumlord.

    However, you can go to court and prove why you don't owe what the landlord contends you owe.

    If you don't reach a settlement or compromise, your credit will be destroyed, as well as your ability to rent decent housing for decades.


    Some additional thoughts by others:


    Can a landlord make me pay for the full value of replacing 8 year old carpet in a rent house? He is also wanting labor costs. - Avvo.com



    'The landlord is out to make a profit' | The Bloomington Alternative



    Carpet Issue with Tenant - Indiana - WORLD Law Direct Forums




    Charging for Carpet







    ......
     
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Read the terms of your lease. In most instances that I have seen, these costs of "ordinary wear and tear" are not the responsibility of the tenant. The bottom line is this - your landlord cannot charge you for anything unless there is a clause that clearly provides the landlord with the right to replace items at your expense.

    Indiana Civil Rights Fact Sheet for Indiana Tenants


    This government document seems to say that it is illegal for a landlord to use a tenant's security deposit to pay for items that are damaged only by ordinary wear and tear, a legal term of art to say "ordinary use" such as walking on the carpet, etc. Damage in a fashion that isn't ordinary might be spilling paint all over the carpet several times while pursuing your hobby.
     

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