I am moving out of a apartment and there is blood damage on the carpet. My landlord says I have to buy and replace the carpet myself.

If you did damage the carpet, then you are responsible for the damage, but only to the extent of the damage that YOU actually caused. So if the carpet was 5 years old and already stained, YOU are responsible for the loss that the landlord actually incurred as a result of the new bloodstains.

How to calculate this loss for which YOU are responsible is more difficult. Courts, including small claims courts, have methods of calculating such losses, involving original cost of carpet, age of carpet at time of loss, sometimes carpet warrantee and maybe other factors.

Most states have advisors attached to small claims courts that may be able to advise you as to how to calculate this loss.

Lance, it may be cheaper for you to replace the carpet. But normally after move out the cost to replace is taken from your deposit. If the deposit is not enough then you get a bill for the rest and can be sued if you fail to pay.

By asking you to buy and replace the carpet yourself, the landlord is likely hoping that you will oblige and thus landlord will get a brand new carpet without any cost to himself, and he can say that he didn't ask you, you bought and replaced the carpet by yourself, perhaps even claiming that he didn't ask you to do that.

As JB points out, if you leave the premises and LL deducts the cost from your deposit, then he will be responsible for deducting only his actual loss, and if the matter goes to court, small claims or otherwise, he will have to justify his calculation of that actual loss.

If the landlord needs to replace the carpet, most landlords will want to choose the carpet and choose who they want to install it.

By the way, Lance, here are a couple of snippets from WA law on landlord withholding return of the security deposit:

1. RCW 59.18.280(1)(a): No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises.

That means that, for a carpet already used for 5 years, landlord cannot deduct whatever is due to wear & tear for those 5 years (up to and including the years that you lived there), only for the part due to the bloodstains.

2. RCW 59.18.280(2) ... The court may in its discretion award up to two times the amount of the deposit for the intentional refusal of the landlord to give the statement or refund due. In any action brought by the tenant to recover the deposit, the prevailing party shall additionally be entitled to the cost of suit or arbitration including a reasonable attorneys' fee.

3. Go ask a landlord/tenant attorney or the Washington State Housing Justice Project. You can probably get a free consultation. Under the scenario that you described, if the landlord withholds the cost of a new carpet, you can go to court. THERE IS NO QUESTION THAT YOU WILL WIN and the judge will likely award you two times the entire deposit PLUS reasonable attorney fees.

4. I suggest that you look up the word CHUTZPAH in the dictionary. The judge will likely use it.

Jeffery please remove that post telling the tenant how to sue the LL in WA.

" info on how to get one over on the LL. "?

The LL seems to be violating the law, what is the real issue is supporting landlords to do this.

We are currently suffering from the real possibility of the destruction of our industry. Make no mistake that it is the cheating of so many landlords that has brought this about. Laws like rent control, double-security-deposit penalties, and just-cause evictions are all consequences of abuse by so many landlords, and they have caused those of us who are good landlords to suffer. More is to come.

In this case, the advice to the poster is to not install a new carpet at landlord's say-so, but to let the landlord deduct an APPROPRIATE amount from the security deposit, and sue him if he cheats. Myob takes issue at the landlord being brought to justice, if he cheats. Is he angry because he likes cheating?

Our industry became famous for providing shelter for cheating landlords, resulting in the strictest possible regulation of landlords, both cheaters and non-cheaters. MYOB, you are bad advertising for landlords. Many of us don't deserve the troubles you have brought us.

Moshe, what are you doing?!

Giving more ideas / possible ways to fight the landlord's damage claims.

Moshue coat it any way you want-- your giving tenants ammo to drag LL's through court-- with out you even hearing the LL's side-- that is Bul sh i t.

Like stiffing us with just a letter to the court isn't enough.

Scum from CA or maybe SEA!!!!!

I would advise you visit a tenant website that is tailored for giving advice to tenants. You might get some accurate information, you might not.

When you visit a landlord website for landlords, you might not get the information you want or need. You might even get information from someone in CA purporting to be an expert in WA law.

Oh yeah, and 'snippets' from the law do not tell the whole story. Please get advice from someone qualified.

"We are currently suffering from the real possibility of the destruction of our industry. Make no mistake that it is the cheating of so many landlords that has brought this about."

At a time where a fair number of tenants are not paying rent because, well, they don't have to...you post this garbage as your theory on what the industry is facing "destruction"??

What the heck have you been smoking lately?

Ashamed. Ashamed is what I feel after reading some of the posts.

One tenant asked a question. More info. is needed.

1. What is the size of the room where the blood stains are?

2. How much blood? A small amount or a lot?

3. The tenant should call a professional carpet cleaning company and ask for a quote, if they say the blood can be removed. If it can be removed, the tenant needs to pay.

4. If a professional cannot remove the stain then have the LL take care of it. The cost, minus normal wear and tear, will be deducted from the security deposit, by an honest LL.

5. As a tenant, I would not do the work.

6. Talk to the LL again and work something out.

Gail,

Follow your own logic.

In addition to rent control, double-security-deposit penalties, and just-cause evictions, why do you suppose that government leaders feel so justified in mistreating landlords to eviction moratoriums to solve problems? Its because so many landlords like MYOB, Gail, DJ, etc believe that the goal of landlording is to win rather than to be right, and object to the legal process taking due course. Landlords have made a lot of money in the last few years by exploiting housing shortages and by taking advantage of tenants who don't know about their rights. It has brought us to a situation where landlords have lost their abilities to govern themselves. Thats not all; there is more to come.

Again, the posting is directed at a landlord who wants his carpet replaced by an unknowledgeable tenant. The advice is to bring the landlord to court if he cheats. Thats what courts are for.

Cheating is wrong. Those who are afraid of a fair legal process are simply poor landlords who aren't sufficiently professional to do this work, and they do the rest of us a disservice to represent the landlord community.

It seems like there must be something in the water piped to the drinking fountains in the GA schools.

No. Moshe - I believe in being objective and fair to all parties, and always operate legally.

one line on our lease states that the carpet has been professionally cleaned and needs to be returned to us "Professionally" cleaned. No rug doctor machines or do it yourselfers. With initial.

Jim how about this:

Oh your gun is empty and you don't want to shoot me but others-- OK well here's the ammo.

It's no wonder so many of the small LLs are going the way of the DoDo. Moshe, Ally, and others are absolutely willing to eat their own and base their advice on a couple of words and opinion of a T who admittedly damaged the carpet.

So we are in a constant battle with federal politicians, local governments, the CDC, rent control advocates, free rent advocates, and other tenant advocates all the while fighting for our lives each day to remain in this business or even whether or not the pain is worth it.

And for those who are wondering if it's "just a couple drops of blood" ...give me a break. I am absolutely certain the OP would have mentioned if that was the case. I rarely have a tenant who thinks anything they damage is not a minor thing and should probably be overlooked.

Yes, DJ

The advice was: Don't go out and replace the carpet because the LL said you need to (leaving room for LL to change the story after the carpet is already replaced at tenant initiative and expense), but rather to leave the disposition of the blood-on-carpet problem for landlord to exercise his right to deduct from the security deposit while requiring him (LL) to comply with his (again, legal) obligation to charge only an appropriate amount. What do you do with a landlord who deducts too much? Take him to court, let a judge decide whats an appropriate amount, and order any excess amount to be returned to the tenant.

WA law ADDITIONALLY provides for attorney fees (for intentional refusal of LL to give the refund of deposit due). Seems that they take the matter pretty seriously, providing for tenants who don't know their way around courts to let an attorney do it for them. We Californians have to settle for small claims court where lawyers are not allowed.

Whats not specified in Lance's posting? He's moving out, there are bloodstains on the carpet, landlord says he (Lance) has to buy and replace the carpet himself. What LL says is BS! Lance doesn't have to stand the cost of a whole new carpet, he doesn't have to go buy and install. The question of how much to deduct is still a question, but LL has strict requirements to fulfill. If LL can't do the calculations within the law, let a judge decide. LL may have to pay attorney fees for his lack of arithmetic skills.

Laura,

blood on the carpet is not normal wear and tear.

But wear & tear on the carpet UP TO AND INCLUDING the time that Lance lived there IS wear & tear, and LL is not entitled to reimbursement for that. So LL is NOT ENTITLED to a whole new carpet, bloodstained or not.

Ask your landlord for a copy of the invoice when the carpet was purchased and installed. This will tell you how many yards were installed and the age. If it is over 8 years add 2 more years life and agree to a charge of 2/10ths loss of use.

Lance,

Hire a pro steam cleaner to remove the stain. Possible $50 - 100 and done.

A pro can do amazing things to restore carpet. They will tell you if they can’t.

I am interested in learning about the blood stain.

I am hoping there isn't police tape outlining the shape of a body. Then again, if that body is from a certain western state and that person is providing legal advise in a state in which they are not licensed, I could see why there just might be such tape - residents can get angry.

Moshe,

Obviously, insufficient info to know about the motives for either tenant or landlord re carpet issue at this time. There simply is no justification based on what is known at this time to smear the landlord or tenant.

However, there is more than enough info to know that rent control, just cause evictions, etc certainly are not a result of landlord cheating or any other landlord action.

Those arose strictly from the recognition by some power craving activists that there was political gain to be had in certain political jurisdictions. It was simply an easy way to manipulate renters. The renter was bought off plain and simple. If that were not the case, rent control would have been reserved only for those that had financial need. Instead it even applies to those making six figure incomes with a seven figure net worth or higher. Those got to keep their ocean view apartments for pennies on the dollar. It was all about votes, nothing more.

The real beneficiaries of rent control make a fortune in the rent control bureaucracy, both government and government financed.

There has never been widespread evidence of improper, illegal, or unethical behavior by landlords as a class. The complaints, either civil or criminal lodged against landlords is minuscule compared to those against tenants.

I have no doubt there is a much, much higher percentage of unethical, criminal, and immoral tenants lacking in something called personal responsibility than there will ever be as it relates to landlords. You could not be more wrong. You have attacked the wrong side.

What you are watching and what you refer to as "more to come" is a political power play by guilt ridden people that believe any opportunity, any crisis, any act is justified if it will help them accomplish their political ends. History has proven their ideology to fail.

Who knows whether they will succeed but if they do it will not be based on fact. It will be based on the false, dishonest ruse of manipulating the easily manipulated into believing the fiction that landlords are evil.