 carpet removed (by Barbara Parks [IA]) Sep 27, 2009 7:14 AM
 carpet removed (by Reid [KS]) Sep 27, 2009 7:27 AM
carpet removed (by MrRational [MD]) Sep 27, 2009 7:40 AM
carpet removed (by phil [NY]) Sep 27, 2009 8:09 AM
carpet removed (by Rose [CA]) Sep 27, 2009 8:55 AM
carpet removed (by Lisbet [IA]) Sep 27, 2009 11:58 AM
carpet removed (by Kate [MI]) Sep 27, 2009 4:56 PM
carpet removed (by Virden [OH]) Sep 27, 2009 5:57 PM
carpet removed (by john [LA]) Sep 28, 2009 12:02 AM
carpet removed (by Reid [KS]) Sep 28, 2009 3:45 AM
carpet removed (by Barbara Parks [IA]) Posted on: Sep 27, 2009 7:14 AM
Message:
State Specific Question About: IOWA (IA)
The tenats have removed carpeting that is only 3 years old without my permission. What recourse can I take?
Barbara --174.17.xx.xxx |
carpet removed (by Reid [KS]) Posted on: Sep 27, 2009 7:27 AM
Message:
Make them pay for replacement carpeting . Did they give you any reason for what they did ? --69.148.xxx.xxx |
carpet removed (by MrRational [MD]) Posted on: Sep 27, 2009 7:40 AM
Message:
Barbara, how many critters do they have?
oh yeah and they pay for replacement 100%.
--65.127.xxx.xxx |
carpet removed (by phil [NY]) Posted on: Sep 27, 2009 8:09 AM
Message:
Just remember if you are called on the carpet so to speak in front of a judge about charging full 100% replacement value you will loose, plain and simple
In the US with civil court a prevailing party is only entitled to FMV, fair market value of the item at the time it was destroyed, the courts never award replacement value for this would unjustly enrich the prevailing party for they would have received the benefit in your case of the carpet for three years plus being award brand new carpet kind of double dipping so to speak
So if you charge replacement value beware; for if your lease contains language that any prevailing party in civil court is entitled to legal fees, a tenant can easily retain legal representation and win just because you charged replacement value which directly goes against civil court damage award public policy
--205.188.xxx.xx |
carpet removed (by Rose [CA]) Posted on: Sep 27, 2009 8:55 AM
Message:
When you found out what they did- what reason did they give you? I would not let any time go where they have to pay you for what replacement would cost.
I would not put any new carpeting in while they are in the unit. I would deduct some for it being 3 years old..30% or less
A significant thing would be how long have they been in the unit? Obviously they damaged it some way...and are reasonable to replacement costs. --74.37.xxx.xx |
carpet removed (by Lisbet [IA]) Posted on: Sep 27, 2009 11:58 AM
Message:
Echoing Rose- what did they say when you found out? Why did they take the carpet out? Depending on how your lease is worded, will determine if you can evict for this-is it a breach of your lease? Otherwise, you'll have to charge them for it at move out. If you are lucky enough to have a MTM, I'd give them notice. I think for carpet effective life is considered to be 7 years, so if it was 3 yrs old, you take replacement cost- deduct 3/7th and charge them for 4/7ths (the remaining amount of "life" left in the carpet) although I'm not sure if you can charge them for the entire cost of installation, or if you take the whole cost to replace including installation fees, and divide by 7 to get your ACV. (actual cash value)As others have said, I would not replace until they move out- and charge it against their security deposit. Again why the heck did they rip it out? --75.170.xxx.xxx |
carpet removed (by Kate [MI]) Posted on: Sep 27, 2009 4:56 PM
Message:
The math is driving me nuts. Lets say the carpet cost $1500. If you divide that by 7 you get $214.29. That can't possibly be the actual cash value if it's only 3 years old. What am I doing wrong? --99.131.xx.xx |
carpet removed (by Virden [OH]) Posted on: Sep 27, 2009 5:57 PM
Message:
Kate, you got the first part fine, now how many months from 84 is the multiplier, you must pay the part the tenant did not wear it down - however in this situation there is no reason a cure/quit notice would not hold the tenant responsible for getting replacement carpet that will look as good as the move-in photos - they will have to find some great looking used carpet on craigslist or heaven only knows where - there was slightly worn carpet when they moved in - use your alterations clause in the lease to bite these tenants in the pocketbook. --76.241.xxx.xxx |
carpet removed (by john [LA]) Posted on: Sep 28, 2009 12:02 AM
Message:
The 214.29 is the cost of the carpet per year, assuming a seven year life. If it was three years old when they removed it, they would owe for the remaining four years or $857.14 --147.206.x.xxx |
carpet removed (by Reid [KS]) Posted on: Sep 28, 2009 3:45 AM
Message:
Don't forget to add the cost of installation to the price of the carpet itself. --69.148.xxx.xxx |
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