Legal Question in Landlord & Tenant Law in New Hampshire

removal of carpet in a rental space

*I've been business tenant- 5 years

*Did major renovation 1.5yrs ago

*I'll be moving July 07. I'd like to take the carpeting with me when I move.

Old landlord sold building 1yr ago so new landlord doesn't know how many improvements I made to space after moving in. I have pics.

*1/2 the space had chipped linoleum tiles

*1/2 was old cheap carpet with snags, bad seams & no carpet pad.

I think we left linoleum under new carpet & I have cheaper carpet to re-carpet where old carpeting used to be. Still 100% better than what was there before.

Lease says: ''Any improvements affecting the structural parts of the building shall revert to the LESSOR at termination without cost to the Lessor. At the end of the lease term, LESSEE shall be entitled to remove such fixtures, and shall restore the Premises to substantially the same condition of the Premises at the commencement of this Lease''.

I know this is going to make my landlord upset that I even bring this up, so I want to know my rights before I mention it to her.

A) Is carpeting structural? Can I take it without needing to ask to take it?

B)I'm willing to sell carpet to landlord or new tenant. How do I determine depreciation for 1.5yrs of use?

Thank You in advance


Asked on 4/21/07, 12:33 pm

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Re: removal of carpet in a rental space

I would need to review the entire lease before offering solid advice. The facts you presented are quite limited. I do not know if any of the terms are defined in the lease. However, I doubt that carpet is a structural element of the building. Clearly there is room for negotitation. Perhaps there are methods to adjust to mutual benefit of both parties. Often trying to use carpet in other buildings is a problem. The run of the carpet may change and wear patterns show up in unaticipated areas. Perhaps a rental adjustment might be discussed for you to leave the carpet in place. Perhaps the landlord has other ideas and wants to change the floor covering completely.

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Answered on 4/23/07, 2:19 pm


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