Carpet wear and tear

[kaemrick]

I just recently moved out of an apartment and my the management company that owns the complex is charging me to replace the whole carpet because of some fraying along the seems going into the kitchen and bathroom. the carpet is only 4 years old and they say carpet should last 7 years so they are prorating the amount. Should I have to pay for carpet that was not installed correctly and was fraying becuase of vaccuuming and walking on it? There is a record showing we had called about fraying but their records indicate it was only for the tile around the foyer and nowhere else. Shouldnt this show that the carpet was not installed correctly and would more than likely fray in other areas also. They took my security deposit and they are still charging me above and beyond the security deposit.

ANy help with this will be greatly appreciated.

Thanks,
Keith

[eewillison]

In Ohio, the landlord can only withhold from the security deposit for damages to the apartment which are beyond normal wear and tear. If the tenant can show that the carpet was frayed because of normal use (and your evidence about it fraying elsewhere plays into this) then a judge might very well find that some portion of your deposit was wrongfully withheld.

If that is the case, then Ohio Revised Code Section 5321.16 allows you to collect double damages and attorneys fees.

You can read more about your rights in this regard by clicking on the links below.

[kaemrick]

So is there a law code that states lanlords cannot charge above and beyond the security deposit?

[ohiolandlord]

There is no law in Ohio that says that landlords cannot charge damages in an amount beyond the security deposit. Landlords are free to charge $5000 in damages despite a $500 security deposit. Of course, if the tenant calls them on it, the landlord must show that the damages are justified and resulted from use that was beyond reasonable wear and tear. For more info on this topic please follow the following link:

www.ohiolandlordtenant.com/secdep23.html