Renting and the law: How much should depreciation factor into carpet fees?

Q: My previous landlord is trying to charge me half of the total expense for new carpeting in the entire unit, which comes to $2,200. I lived in the unit for over six years from December 2015 to June 2022.

There was a tenant in that same unit before I moved in, and the landlord did not change the carpeting between me and the previous tenant. Can you tell me what the Minnesota law is regarding how often carpeting needs to be replaced in a rental unit? Is it seven years? What should I do?

A: Landlords charge a security deposit in order to cover any unpaid debt owed by the tenant, such as past rent or utility bills, and to cover the cost of damages to the unit, excluding ordinary wear and tear.

There is no law regarding when carpet needs to be replaced in a rental unit. Since carpeting is designed to last a certain number of years, depending on the manufacturer, landlords typically take depreciation into consideration when they are deciding on whether to replace the carpet. With you living there for more than six years and another tenant renting the same unit for a year or longer before your tenancy, that is strong proof that you should not have to cover the partial cost of new carpet.

You should write your landlord and let them know that carpeting depreciates over the years and since the carpeting was more than seven years old, it would be considered ordinary wear and tear so the landlord needs to cover the expense of new carpet.

Your landlord should not be charging you for brand new carpet for his next tenant. It would be different if there was new carpeting when you moved in, and you only lived there for one or two years and destroyed the new carpet.

If your landlord still decides to keep $2,200 of your security deposit to cover half the cost of new carpet after hearing from you, then you should file a conciliation court claim in the county where you lived. In that action, attach any evidence you have such as before and after photos of the carpet, how long the previous tenant lived there using that same carpet, along with any other proof.

If you and your previous landlord arrive at a compromise, make sure to get that agreement in writing and signed.

Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship with Klein. Do not rely on advice in this column for legal opinions. Consult an attorney regarding your particular issues. Email renting questions to kklein@kleinpa.com. Information provided by readers is not confidential.