Does a Landlord have to replace a Tenants carpet every 5 years?
Question
A tenant that has lived in my rental house for nearly 5 years is requesting that I install new carpeting as a condition of her renewing her lease for another year. She claims that the law requires carpet be changed out every 5 years.
Answer
I know of no jurisdiction that specifies when a carpet must be replaced. An exception would be if the carpet condition raised a habitability issue, particularly one of health or safety – as examples, bug infested or torn to the degree tenants
could be injured from tripping. Well-cared-for carpeting can last for 10 years or more. Manufacturers typically guarantee their carpeting for 10, 15, or more years I once managed a property where the tenant had lived in the unit since
its construction and the original cheap builder’s special carpet was still very serviceable after 17 years of their occupancy.
Unfortunately, I’ve also managed properties that had to have 1-year-old carpet replaced because it was badly damaged by the tenants or their pets.
Policies regarding carpet replacement must take into account how important it is to retain a tenant that is complaining about the existing carpet and how the condition of existing carpet will affect the rent you can get from a new tenant. Sometimes a tenant may be willing to pay a higher rent in order to obtain new carpeting. The landlord must evaluate such a deal based on the amount of rent increase possible and the history of the requesting tenant related to his/her care of the rental unit. Each case must be considered on an individual basis.
Question 2
The previous tenants vacated my rental property several months ago. After cleaning the unit, fixing things, and making numerous upgrades, I am nearly ready to lease it again, but have a question. The windows do not have blinds or curtains. I’m considering giving the future new tenants a $100 allowance to purchase window blinds as they deem necessary. Has anyone done this or something similar? If so, do you ask for receipts and then reimburse?
Answer 2
My experience is that one should not let tenants decorate regarding items that have the potential for being unwisely chosen. This applies particularly to window coverings and anything else that involve installation using screws or nails. One can end up with horrible decorating choices, improperly installed items and/or damage to the rental unit, with the cost of fixing the problems being higher than the cost of having paid a professional to install those designs and materials chosen by the landlord. Furthermore, the tenant may decide he/she has the right to take items he/she installed, resulting in both loss of the items and possible damage from the removal.
As examples, you may get damaged drywall or plaster or badly misaligned brackets/rods, requiring costly repairs. There is also the issue of possible injury to the tenant while installing them himself that could result in claims against you. Although you may win the case, it will be a lot of hassle and expense.
You will be safer regarding the choice of materials, the quality of work and the safety of the tenant if you require them to use a professional vendor. You may still need to worry about the vendor’s qualifications, so should specify the vendor the tenant must use. You should also pay for labor and materials directly yourself to avoid the possibility of an unpaid vendor suing you or putting a mechanic’s lien on your property because the tenant failed to pay even though you gave him/her an allowance for the matter. However, you can avoid all such potential problems by getting the work done before marketing the unit and doing so might make it easier to rent the unit and/or obtain a little higher rent for it.