Does the landlord have to replace the carpet?

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08/07/2015 | Author: Editorial Staff

The tenant for a property I manage has asked the landlord to replace the carpet in one room because she says it looks worn and needs repair. Does the landlord have to fulfill this request?

No. Neither the Texas Property Code nor the Texas Association of REALTORS® Residential Lease would require a landlord to replace or repair something like this.

While Paragraph 18D(1) of the TAR Residential Lease states that the “landlord will pay to repair or remedy conditions in the property in need of repair if the tenant complies with the procedures for requesting repairs,” this does not mean that the landlord has the obligation to make every requested repair. Paragraph 18D(2) of the TAR Residential Lease states that a landlord will not pay to repair “items that are cosmetic in nature with no impact on the functionality or use of the item,” and a landlord could argue that worn carpet falls under this category. Additionally, Paragraph 18C(1) the TAR Residential Lease states that all decisions regarding repair will be at the landlord’s sole discretion.

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Categories: Forms, Legal, Landlords, Renters
Tags: property manager, property management, residential lease, leasing, tenants, forms, legal, legal faq


Terry Godbold on 08/13/2015

There is a fine line between adhering to a tenants request for cosmetic repairs and the fiduciary responsibilities to our owners.  Obviously, when a tenant stays in place for a longer period of time than the original lease term, the owner saves reletting fees, vacancy time, not to mention, make-ready charges.  To keep a good tenant, it is sometime wiser to make the repairs thus saving the above charges.

Steven Crossland on 08/13/2015

It depends. In most cases, no replacement is required. But if the repair needed constitutes a “trip hazard”, such as worn carpet coming apart and coming up at the threshold, or wrinkling and causing “bumps” that can be tripped on, then a tenant could reasonably clami that this condition represents a health and safety issue. Then the “repair” (not replacement) would need to be made.

But if the carpet is worn to the degree that is can’t be properly repaired, it may well have to be replaced in that area. Most landlords would replace the entire room, but I guess a really cheapskate owner could take matching carpet from a closet and patch it instead. But patches in high traffic areas are a bad idea because they usually don’t last.

ANNE L BOKALO on 08/07/2015

When my rental was vacant, I had a request to replace carpeting in rooms which didn’t match the rest of the house, which I did anyway, although I didn’t want to.  She turned out to be a great renter and it helped to rent it again when she left.  So sometimes one has to make a decision in context of the situation.

Mike McEwen on 08/07/2015

Some repair decisions may not be at the discretion of the landlord if they deal w/ the fundamental habitability and sanitation of the property.  Under certain circumstances a tenant may make repairs and deduct them from the rent; and the landlord may not retaliate.

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The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

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