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JArcher

Carpet Depreciation

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What's the maximum allowable carpet depreciation in Missouri (e.g. 5-7 years)? I am moving out my apartment and I'm debating whether or not to clean the carpet; the carpet has a dog odor - a dog odor derived by oils \ pet dander and not urine,  defecation, etc. The carpet has no damage beyond what is expected with wear and tear. I have previously paid a non-refundable pet deposit with a monthly pet fee. Am I responsible for scents in carpet derived from dog oils \ dander when moving out? The carpet is currently five years old. 

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This is not a "legal" definition but, as a former claims adjuster, I have some experience with depreciation and, as a former landlord, I have some experience with carpet life.

 

Better quality carpet in a rental should be good for 10 years.

 

Modest quality (cheap) carpet in a rental should be good for 5 years.

 

However, carpet has a residual value if it can be cleaned and reused. Maybe 10% to 25% depending on the quality.

 

1 hour ago, JArcher said:

Am I responsible for scents in carpet derived from dog oils \ dander when moving out?

 

Yes, it's called "damage."

 

1 hour ago, JArcher said:

I'm debating whether or not to clean the carpet; the carpet has a dog odor -

 

Get a carpet cleaning company with the big machines. An apartment shouldn't cost you more than $100 or so and your receipt and photos is your best defense if the LL withholds a big chunk of your deposit for the carpet.

 

1 hour ago, JArcher said:

I have previously paid a non-refundable pet deposit with a monthly pet fee

 

Which doesn't entitle your pet to destroy the place.

 

Be smart. Get the pro in to clean the carpet.

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Hmm, I see your point, but that's being naive. I'm asking the question because a maintenance worker came over and we started discussing my move-out process and I asked if I should worry about the carpet. He informed me that the carpet is going to be replaced after I move out anyway since they usually replace the carpet after 2-3 years. He's been working on the property for over a decade so I assumed that his word had some credence.  However, when I asked the leasing office, they informed that the carpet has a lifespan of up to 7 years.  So, if the carpet is at 5 years of a supposed 7 year lifespan, then what is my liability? 2/7 of the cost of the replacement? I understand that the gross cost of the replacement or associated cleaning would be greater than rather pursuing that on my own (i.e. via independent carpet cleaner for ~$100), but how is that not covered as standard carpet cleaning by the LL? The point that I'm trying to make is that if the carpet has potentially already reached it's depreciable rate, then why should I be liable for carpet cleaning (https://www.irs.gov/pub/irs-pdf/p527.pdf)? I'm looking for hard facts. 

 

 

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49 minutes ago, JArcher said:

I'm looking for hard facts.

 

No, I think you are looking for somebody to tell you it's OK to leave the carpet as is.

 

Well, here are some facts.

 

1 - The IRS publication you cited has to do with the taxation of rental properties and nothing to do with the administration of security deposits.

 

2 - The maintenance man and the people in the office are not the owners. They don't make the rules or the decisions and are likely to have selective amnesia if confronted: "Oh, I never said that."

 

3 - The Missouri security deposit statute, section 535.300:


 

Quote

 

4. The landlord may withhold from the security deposit only such amounts as are reasonably necessary for the following reasons:

(2) To restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted; provided, however, that this subdivision does not preclude a landlord and tenant from agreeing, in the rental agreement between them, upon amounts or fees to be charged for cleaning of the carpet, and such amounts actually expended for carpet cleaning can be withheld from the security deposit, so long as the rental agreement also includes a provision notifying the tenant that he or she may be liable for actual costs for carpet cleaning that exceed ordinary wear and tear, which may also be withheld from the security deposit. Within thirty days of the end of the tenancy, the landlord shall provide the tenant a receipt for the actual carpet cleaning costs

 

 

https://law.justia.com/codes/missouri/2018/title-xxxvi/chapter-535/section-535.300/

 

The choice is yours. Spend the money on cleaning the carpet and be prepared with documentation and photos, or don't, and have no defense when the landlord sandbags you for the carpet replacement.

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