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  1. #1
    Join Date
    Sep 2016
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    Default Can a Tenant be Charged for Worn Out Items That Were Discarded

    A tenant lived in a California rental home for several years. The home included outdoor furniture for the tenant's use. The outdoor chairs had cushions that became discolored and had dry rot, and during the tenancy the tenant discarded them. At the end of the tenancy the landlord asked where the cushions were and, when told that they had been discarded, has instructed the tenant that she needs to replace the cushions or that he'll make a deduction from her security deposit for their value. Wouldn't the deterioration of the cushions constitute normal wear and tear, so that the tenant is not responsible for their replacement?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can a Tenant be Charged for Worn Out Items That Were Discarded

    The tenant should have informed the landlord that the cushions were no longer fit for use before discarding them. As the tenant did not, the landlord is not obligated to take the tenant at her word -- and he can impose a reasonable charge for the depreciated value of the cushions. Depending upon how old the cushions were, that amount is likely to be small. For example, if these were high quality cushions expected to last ten years, and they were eight years old, then the recovery would be for the remaining two years (20%) of the reasonable replacement value -- and between sun and other weather effects, it would be a pretty remarkable outdoor chair cushion that a court could be convinced would last ten years or longer in a rental property.

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