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  1. #1
    Join Date
    Jun 2010
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    3

    Default Does the "Useful Life" Rule Apply to Anything Besides Carpet

    My question involves landlord-tenant law in the State of: California

    Does the carpets and drapes "useful life" rule apply to any other item in the rental?

    For example if an old window had started to fall apart and became jammed, is the renter responsible for the full cost of a brand new window?

    If small marks were left on an old laminate counter top, is the renter responsible for the cost of brand new counter tops?

    In reference to:

    One common method of calculating the deduction for replacement prorates the total cost of replacement so that the tenant pays only for the remaining useful life of the item that the tenant has damaged or destroyed. For example, suppose a tenant has damaged beyond repair an eight-year-old carpet that had a life expectancy of ten years, and that a replacement carpet of similar quality would cost $1,000. the landlord could properly charge only $200 for the two years’ worth of life (use) that would have remained if the tenant had not damaged the carpet.
    Thank you.

  2. #2
    Join Date
    Mar 2008
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    1,995

    Default Re: Does the "Useful Life" Rule Apply to Anything Besides Carpet

    You probaly read enough posts here to see that many landlords try to unjustly collect on wear and tear.

    Technically, "useful life" applies to everything in the rental. For instance, if I installed a new kitchen with a new countertop, a tenant decides not to use "chopping blocks", but cut his food directly on the countertop, and it has to be replaced in "1 year", then I would be justified charging him the nine years left on the life of the countertop.

    A tenant of mine actually thought he can chop directly onto the countertop.

    I also install "blinds" at my rentals, and I expect them to last me five years. If I put in brand new blinds, and they have to be replaced after a year, technically, the tenant would owe me 4/5ths of the value of the blind.

    Once upon a time I had my tenants install their own blinds, and take the blinds with them when they leave. Unfortuantely, tenants had to drill holes into the walls, and otherwise use other methods to secure them, resulting in extreme damages to the walls. However, to be fair to them, it's an older building, and I've been told that due to some water seepage, the plastic around the window areas are not stable, so I cannot 100% attibute the damages to the tenants.

    Unfortunately, I see many landlords take the position that when a tenant leaves, he does not have to lift a finger or spend a dime on the place, and expect the next tenant to move into a "ready to move in condition" apartment, requiring the work of a cleaning service, carpets professionally cleaned etc., even ten year old carpets, and have the nerve to still claim damages.

    All I can say is in my case, if the tenant pays all his rent on time till the very end, the carpet is cleaned, no major damage to the walls, he gets his deposit back 100%. Yes, I hire painters, and for an extra $100, spackle all the holes, and do caulking where needed, so there is no need for me to get into a major argument over "hey, you made holes hanging up mirrors and pictures", or I did a paint job 3 years ago, and it should've lasted five.

    Also, most tenants are not "expert spacklers" so it takes more time to sand and straighten out the walls after they're done with it, as compared to using a professional.

    This "common sense" approach avoids all of the "nickle and diming" that takes place, and worst yet, landlords keep the deposits, then do nothing, and expect the new tenant to spackle and clean. I know this, because often when I rent places, it's rented in a day, the tenant can move right in, because it seems any other place they look at nearby, they have to spackle, paint, clean, install blinds.

    And I'm quite sure the LL kept the deposit of the last tenant to boot.

    I don't nickle and dime anyone on the way in, and I don't nickle and dime on the way out. What happens is happy tenants tell their friends, and from time to time, I get calls by referral "if I have an apartment available".

    Instead of arguing "useful life" with the landlords, it's best just to go to "small claims", or in the case of some states, where the landlord is requires to return the deposit within a stipulated period, or a letter explaining that they don't, or they get penalized. Many LL's don't even know the useful life of items, let alone even know when it's acquired.

  3. #3
    Join Date
    Jun 2010
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    3

    Default Re: Does the "Useful Life" Rule Apply to Anything Besides Carpet

    Quote Quoting SChinFChin
    View Post
    Many LL's don't even know the useful life of items, let alone even know when it's acquired.
    This is what I expect, so I'm wondering if useful life can be argued in small claims court and if the burden of proof would be on the LL to show that the counter tops had been recently installed and were damaged beyond repair requiring total replacement?

  4. #4
    Join Date
    Mar 2008
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    1,995

    Default Re: Does the "Useful Life" Rule Apply to Anything Besides Carpet

    Quote Quoting arenter
    View Post
    This is what I expect, so I'm wondering if useful life can be argued in small claims court and if the burden of proof would be on the LL to show that the counter tops had been recently installed and were damaged beyond repair requiring total replacement?
    Yes, correct.

    There are so many court TV shows now, and the most common ones are tenants suing LL's for unjustly withholding security, and the LL often cannot come up with any documentation.

    Even if the LL has the receipt on the original purchase, then there is further burden to show that the tenant's negligience had shortened it's life. If it is shown that an inspection was done before movein, nothing noted, and extreme damage on move out, say for carpeting, then often, the LL is awarded some amount, but not the cost of installation of a whole new carpet.

    I've seen some cases would involve, say, no odor on move in, and soaked with dog urine on move out, and the tenants owns a dog, then the landlord usually gets awarded something. From what I've seen though, judges don't go into too much math, often they would say. the carpet is so old that the LL is only entitled to some number, say, $250.00.

    In fact, I was in small claims suing someone on a water bill, I got down to the daily rates times the number of days I'm owed. The judge eyes just glazed over, and rounded the numebr up to the nearest "hundred dollars". So I wouldn't expect judges to whip out a spreadsheet and go through calculations with you on the "useful life" if an item.

  5. #5
    Join Date
    Jun 2010
    Posts
    3

    Default Re: Does the "Useful Life" Rule Apply to Anything Besides Carpet

    Quote Quoting SChinFChin
    View Post
    I got down to the daily rates times the number of days I'm owed. The judge eyes just glazed over, and rounded the numebr up to the nearest "hundred dollars". So I wouldn't expect judges to whip out a spreadsheet and go through calculations with you on the "useful life" if an item.
    Very interesting, thank you.

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