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  1. #1
    Join Date
    Apr 2011
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    182

    Default Tenant's Responsibility for Damage Beyond Normal Wear and Tear

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

    When a tenant moves out, anything that is beyond normal wear and tear, can be taken from their security deposit. It’s usually a grey area on how much is beyond normal wear and tear and how that can affect their security deposit refund. The carpet needs to be replaced but there are stains beyond normal wear and tear. The property management company is going to hold the tenant responsible for these excess stains. They said they usually take a percentage of the total carpet square foot and charge that to them for replacement but they wouldn’t charge 100%. So what are the rules on how much you can take from their security assuming all the carpet across all rooms and hallways are stained beyond normal wear and tear? How does the factor of the average life of carpet come into play? It almost sounds like a swag on what they charge the tenant

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Tenant's Responsibility for Damage Beyond Normal Wear and Tear

    If you stain the carpet, that's damage. If the cheapest solution is carpet cleaning, and that is sufficient to remove the stains, then the landlord can charge for carpet cleaning. If the stains are such that the carpet must be replaced, then the tenant can be charged the depreciated value of the carpet.

    California generally regards the useful lifespan of carpet in a rental unit to be eight to ten years.

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