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Tenant rented apartment in Denver, Co. for 2 yrs. & gave 30 days notice before move out date. Fifty days after move out date, received a check-out report that listed a charge of $861.66 for carpet & vinyl replacement (tenant in agreement that LR & BR carpet needed replacement; vinyl in bathroom could be classified as normal wear & tear). 1) Is there a state/local law that requires landlord to replace carpet every 2 yrs? If so, can former tenant refuse to reimburse landlord for replacement of carpet ? 2) If former tenant disputes some, but not all,of the other charges on the report, can former tenant refuse to pay for those disputed charges ?

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Denver, Colorado

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Reading lease and searching web site on laws of State of Colorado.

Customer (name blocked for privacy)

Status: Closed Value: $9

Hello Customer (name blocked for privacy) and welcome to Just Answer.

What was the reason that the carpet needed replacement? Were there stains, pet or otherwise? Was there physical damage to the carpet such as wax or burns?

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The LR carpet had nail polish, wax stains and was soiled from traffic. The BR carpet was soiled from traffic. There were no burns or tears in either carpet

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Would you suggest that I call the Corporate office that sent the check-out report and offer a reduced payment or go directly to the mediator without contacting the landlord ?

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The amount they are asking for is in addition to the security deposit. The security deposit was $99.00. They are asking for $972.84 ( The total is $1071.84, which includes the $861.66 for the carpet & tile, minus the deposit of $99.00 )

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Yes, there was a move-in inspection and there was no pre-existing damage to the carpet noted on the form.

Ok. If you do not pay the for the damage to the carpets, the landlord may sue you to recover his/her expenses. As there was no pre-existing damage noted on the move-in inspection, and the damage was more than normal wear and tear (particularly for the LR), then you would likely be held responsible for the costs by the court. If you refuse to pay for the damage to the home, the court may also hold you responsible for some or all of the attorney's fees and court costs.

As an alternative, you may contact the landlord and the parent company by certified letter and suggest mediation. You cannot go directly to the mediator, as both parties must consent this process.

Let me know if you would like more information.

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