Legal Question in Landlord & Tenant Law in New Jersey
My sister has lived in her apartment for eight years. When she moved in the carpeting was not new. She is now moving due to medical conditions. She has a lot of stains and spots on the rug. Can the management charge her for full replacement of new carpeting?
1 Answer from Attorneys
A tenant is liable only for damage over and above normal wear and tear. So, if a carpet rated to last 15 years is 10 years into service when the landlord has to replace it due to damage, the most the tenant should be charged is 1/3 of the replacement cost.The remaining cost should be paid by the landlord because normal depreciation should be included in the basic rent. (Refinements such as accelerated depreciation and time-value of money might make a slight change to that if they are taken into account.)
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