Renters Rights on Carpets & Painting
The landlord and tenant relationship is clearly defined both in the lease and state laws regarding issues such as safety, habitability, health, repairs and emergency maintenance. But in regards to carpeting and painting, the lines are often blurred or non-existent. In many cases, these issues are determined by the landlord with legal guidelines that are open to interpretation by the tenant, landlord and legal system.
Moving In
Before moving into an apartment, perform a walkthrough with the landlord. Notice the condition of the carpet and paint, discuss any issues and document them in writing and in photographs. This will provide protection if any disputes or charges arrive at the time your lease ends.
Normal Wear and Tear
Landlords cannot charge tenants for normal wear of carpeting due to everyday use after the lease has ended. Check the state laws regarding tenant rights to determine what your specific rights are in a situation, and to define the term "normal wear and tear." Information regarding a renter's rights can be located online by searching terms such as "renter's rights" and "tenant rights." Or you can contact your local Attorney General's Office for more information.
Carpet Replacement
After living in an apartment for several years, a tenant may be entitled to a carpet replacement due to normal wear and tear. Also, tenants should not be charged for carpet replacement unless it was new when moving in, and excessively damaged while they inhabited the apartment. The specifics regarding carpet replacement should be detailed specifically in the lease. If it is not, a written agreement can be constructed and added to the existing lease, or when the lease is being resigned.
Painting
Most leases specifically state if a tenant is allowed to paint the interior of the apartment. If it is not stated in the lease, check with the landlord and get approval in writing before changing the wall color.
Original Condition
In situations where tenants are allowed to paint, many will require the walls be returned to the original condition at the end of the lease. Otherwise the tenant may incur additional charges by the landlord.
Written Consent
All changes made by a tenant must be authorized in the lease or in writing by the landlord. Otherwise, additional fees and charges may be incurred at the end of the lease term for carpet replacement or painting.
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