Walk-through Inspection Findings Shouldn't Be Changed Later

By Robert Griswold

Question: I leased out my condo last year. Before the renters moved in, we did a walk-through inspection. The only item noted that needed fixing was a closet door. Then I received a note last week from the tenants stating that the carpet in the living room was not in good condition. They suggested amending the rental agreement to reflect the carpet as not being in good condition. To my knowledge the carpet is fine. I had the carpet re-stretched, new padding was added, and the carpet was cleaned thoroughly before they moved in. Do I have to amend the agreement per their request?

Landlord's attorney Ted Smith replies:

You should not acknowledge that the carpet is in poor condition. Further, you are not legally required to modify your rental agreement with this admission. As the landlord's attorney, I think you should turn things around. Get the tenant to sign an addendum to the rental agreement, which acknowledges that you have stretched and cleaned the carpet and that it was approved by them.

Tenant's attorney Steven Kellman replies:

Ted is right on when he says that you do not need to modify the rental agreement based on the tenants' request to do so. The facts control the situation regardless of that amendment. Here, you say the carpet was "fine." You replaced the padding, had it stretched and then cleaned.

Despite these efforts, the tenants said the carpet was not in good condition. What a surprise. Carpet has a limited useful life and after that time passes (usually about seven years or so), it needs to be changed. Replacing worn-out padding and then re-stretching it leads me to believe the carpet had outlived its useful life and should have been replaced. Of course, the carpet may have looked "fine" right after a cleaning and re-stretching, but those are temporary fixes that do not last very long. It is reasonable that after a few months, the carpet reverted back to its old "replace me" condition.

Old carpet can surely be a habitability concern. Due to its age, it may trap mold or other contaminants that may not be cleaned effectively any more. Old carpet also causes trip and fall or carpet nail puncture hazards. You do not need to change the lease, just the carpet.

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