Carpet stains/sec. dep.

Our recent tenants spilled coffee over a white carpet that was in fantastic shape. A professional cleaning didn't lift it up. We did apply some other treatments that seemed to lighten it up, but it's still there. We have an estimate for a company that can replace just a part of the carpet and I understand they do a very good job of blending it in. Replacing the entire carpet seems like a massive waste of money and potentially a massive hit on the last tenant's security deposit.

I a new tenant were to move in without us doing anything right away with the carpet, can we legally (taxwise) take money out of the last tenant's security deposit in anticipation of a future repair? --65.126.xxx.xxx

Carpet stains/sec. dep. (by S i d [MO]) Posted on: Oct 2, 2018 11:54 AM
Message:

I can't speak to Colorado law, but I think you're skating on thin ice taking money for a future repair. It seems to me like you need to make up your mind: repair and charge, or don't repair and eat the cost.

If it ever went to court, I doubt a judge would say you did the right thing by "planning" to do a repair down the road. Most likely, he would see it as you considering this "normal wear and tear".

What if you sold the property without ever doing the repair to a new owner who simply didn't like carpet and decided to tear out and do hardwoods? You never did the repair; therefore, you'd be enriched by the deposit and have sustained no loss since carpet was worthless to the new owner anyway.

Btw, why does it matter if it's a huge hit to the tenant's scrutiny deposit? The whole purpose of security deposits are to protect the land lord from damages caused by the tenant. Tenant should not be a klutz and expect you to suffer loss as a result. Tenant's who want to eliminate risk of charges should drink coffee in the kitchen and/or get a cup with a lid. --173.20.xxx.xxx

Carpet stains/sec. dep. (by Bruce [CO]) Posted on: Oct 2, 2018 12:03 PM
Message:

Sid...you've pretty much hit the nail on the head for the way I understood the situation and have been thinking about it. Over the years this forum has offered some pretty useful and unexpected advice, so I was wondering if there's something I wasn't thinking about. Thanks for your response. --65.126.xxx.xxx

Carpet stains/sec. dep. (by cjo'h [CT]) Posted on: Oct 2, 2018 12:50 PM
Message:

Bruce, I don't do carpets,but Id keep away from White,even in my own house,don't blend in with our way of life,and I'd take the price of a new one out of the Security Deposit and then have the carpet dyed to blend with the colour of Coffee.Your taste in colours may differ,but trying to make the best of a bad situation.......charlie...........I wouldn't try to do it myself,too much stress................................................... --32.214.xxx.xx

Carpet stains/sec. dep. (by RR78 [VA]) Posted on: Oct 2, 2018 1:20 PM
Message:

Here my Judges look at your actual repair cost. If you did not do the repair then slim chance to get paid to so later. --75.182.xx.xx

Carpet stains/sec. dep. (by LindaJ [NY]) Posted on: Oct 2, 2018 2:14 PM
Message:

Bruce, why on earth do you have a white carpet and especially in a rental? Good carpet colors are the color of the local dirt.

That aside, I don't think you can charge if you don't actually fix. You may even run into trouble if you charge the whole cost of replacement when it was an older carpet. I would certainly dye the carpet if possible to a color that is better able to hide some dirt and stains, because we all get some. Maybe charge for repair and put that money toward dye. --108.44.xx.xx

Carpet stains/sec. dep. (by Bruce [CO]) Posted on: Oct 2, 2018 2:17 PM
Message:

The carpet is actually otherwise still in remarkable condition. We bought the place with this very nice white carpet (not a low-end carpet). I never knew you could dye a carpet. I'm not sure we'd want to do that at this point, though. I really appreciate the input. We won't charge the tenants unless we actually do some sort of repair. --65.126.xxx.xxx

Carpet stains/sec. dep. (by melinda [MD]) Posted on: Oct 2, 2018 2:19 PM
Message:

We had white carpet in our first house. Loved it. No shoes inside. Stays fine. It however was not a rental. We no longer install carpet, only use laminate in the rentals. Have paid a professional to piece carpet, but it was not good at all and ended up removing the carpet. Would not recommend piecing carpet. --24.233.xxx.xx

Carpet stains/sec. dep. (by RR78 [VA]) Posted on: Oct 2, 2018 4:06 PM
Message:

Bruce,

Still get a quote and charge on deposit.

Good chance you will not hear anymore. And will not even file so it goes to court.

Just be prepared for

Having to do it before an actual court date.

Or take a chance in court and be prepared for you will lose.

--75.182.xx.xx

Carpet stains/sec. dep. (by razorback_tim [AR]) Posted on: Oct 2, 2018 4:32 PM
Message:

I’m the contrarian to some of the posts above. You suffered damages. Whether you choose to repair the carpet or not you suffered damages and deserve to be compensated for them. Like RR78 said, get a quote a deduct it. I have done that multiple times and so far have not had a problem.

For those of you who argue that if Bruce doesn’t make the repairs he can’t deduct anything, if someone rear-ends you in your car and causes minor damage do you have to make the repairs to be compensated, or do you have the option of being compensated for the damages, pocketing the money, and driving a car with a dent in the bumper? --40.133.xx.xxx

Carpet stains/sec. dep. (by AllyM [NJ]) Posted on: Oct 2, 2018 4:57 PM
Message:

How old was it? Carpet can be depreciated for seven years and then it is worth zero. What did you expect with a white carpet? You got your use out of it and now it is time to recarpet with an earth tone beige. --73.178.xxx.xx

Carpet stains/sec. dep. (by Vee [OH]) Posted on: Oct 2, 2018 6:23 PM
Message:

Carpet is obsolete in a rental, ever see it in a city vehicle? I told the carpet salesman I only buy carpet after the last freeze, we take strips and lay down in front of the pricker bushes that get trimmed, roll it up and throw away so the trash collectors don't get prickers. --76.188.xxx.xx

Carpet stains/sec. dep. (by Barb [MO]) Posted on: Oct 2, 2018 6:44 PM
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AllyM, tax basis and value are to separate issues. Just because the IRS says to depreciate it over a certain number of years, you don’t throw it out. When well cared for, carpet can last 15 or more years. The tenant damaged it, and need to pay to cover the damage. --131.151.xxx.xxx

Carpet stains/sec. dep. (by cjo'h [CT]) Posted on: Oct 2, 2018 8:13 PM
Message:

Miss Ally, we moved in here in'73 and had carpet put in the next year..Its not perfect but still useable.Have no intention of removing it, or anything else......................charlie......................... --32.214.xxx.xx

Carpet stains/sec. dep. (by fred [CA]) Posted on: Oct 2, 2018 8:30 PM
Message:

I have passed "repairs to be done later" on tenants' "closing statements" without a problem.

Judges around here will accept estimates with the knowledge that a LL hasn't had the time to do the job yet.

Don't forget, the closing statement and a SD refund is due in 21 days after move out - sometimes, not enough time to actually do certain repairs. --99.59.x.xxx

Carpet stains/sec. dep. (by JB [OR]) Posted on: Oct 2, 2018 9:04 PM
Message:

I can see this two ways.

I tend to think like razorback Tim here. The damage has been done whether or not you fix it at this time.

BUT...were the tenant to take you to court for a big deduction from their "coffee spill" a judge might just give it all back to the tenant, arguing that almost any proper rental carpet would hide/cover a stain like that and tell you that is what you should have expected in a rental home with white carpet. And the judge would be correct.

So, do you feel lucky? --24.20.xxx.xxx

Carpet stains/sec. dep. (by Gene [OH]) Posted on: Oct 3, 2018 6:01 PM
Message:

Bruce [CO], we bought a rental with a light cream color berber carpet that the painter spilled coffee on. Each time the carpet was cleaned the stain came back on its own even though the house was empty. The third time, the carpet cleaners pulled the carpet back off the pad in that area and cleaned the carpet from the back. The stain never came back. --99.165.xx.xxx

Carpet stains/sec. dep. (by G Allen [CA]) Posted on: Oct 3, 2018 10:43 PM
Message:

I'd have it repaired in that area and charge the tenant for that. It's easy to take it out of the closet and patch it. Otherwise, carpet is considered replaceable after 7 years, so if it's that age or older, you may not be entitled to much; should they take you to court for that. --47.146.xxx.xxx

Carpet stains/sec. dep. (by Bruce [CO]) Posted on: Oct 4, 2018 6:13 AM
Message:

I really appreciate all these great responses. It would seem that there are probably a couple sets of laws that would prevent a landlord for just taking a tenant's money in anticipated repairs and not actually doing repair work. Quite possibly a tenant can sue if money was taken but no repairs done. Plus, the IRS would probably take issue with taking in the extra income in anticipation of using it for repair work but not actually doing it.

As I noted previously, we didn't install the original, white carpet. It's in incredibly good shape. I think we might aim towards the repair method (we heard of a place that specializes in doing it and doing it very well). But, I'm also curious about finding a carpet cleaner that could lift the carpet and clean the pad and underside as well.

Thanks everyone!

--65.126.xxx.xxx

Carpet stains/sec. dep. (by CGB [MI]) Posted on: Oct 4, 2018 3:29 PM
Message:

I am not a lawyer, but I would charge for the damage whether you plan to fix it immediately or not. You have been damaged, the carpet is irreversibly stained. You should get paid for damages they did and it is your option to fix it or not. --50.77.xxx.xxx

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