California Law for the landlord replacing carpet?

Question

I just moved out of my old apartment and I got a call from my landlord saying that the replacement carpet costs will come out of my deposit. Considering it'll probably be a couple hundred bucks, I'm kind of ticked off. She informed me that the carpet is 3 years old. So, I've heard a conflicting information regarding how often the carpet needs to be replaced at the landlords/owners expense. 1) That it needs to be replaced everytime a tenant moves out whose been there longer than a year....2) That it needs to be replaced every two years. Which of these, if any, are correct. If none, what are the laws?? I don't think I should have to pay for it. Please do NOT USE LINKS as most internet sites are blocked from my computer and I cannot access them. If need be, please copy-n-paste the text. Thanks in advance!

Answer 1

This is a grey area. There is no rule here. The fact is that the carpet should be replaced when it NEEDS to be replaced. Sometimes that's after 1 year (if the tenants trashed it) and sometimes it's not for several years. Most carpets have a lifetime of 7 years (depending on quality).

So, IF the carpet was new when you moved in and they claim it is not in good enough condition to re-rent the unit then yes they will charge you for the replacement (that can be thousands depending on the size of the unit).

However if the carpet was there before you they shouldn't charge you the entire cost of replacement. Most likely a prorated charge.

The condition of the carpet should be listed with your lease, a move-in/move-out report should be standard.

If they don't have any paperwork to prove when the carpet was installed and the condition before/after your move-out then you can fight to get the deposit back. However it's on your dime.

Good luck, hope this helps.

Answer 2

Most states hold landlords to strict guidelines as to when and how to return security deposits. The general rule is that you are not responsible for normal wear and tear. If you cause damage by your unreasonable carelessness or deliberate misuse, however, you must pay for it. Landlords are typically required to return your security deposit, or give you an itemized accounting of the deductions from your security deposit, within 14 to 30 days after you move out. (from nolo.com)

If there is moderate dirt or spotting on the carpet, it's the landlord's responsibility. If there are urine stains or major rips in the carpet, it's the tenant's responsbility.

Unless you absolutely destroyed the carpet, a small claims court judge would no doubt say the landlord has no right to charge you for its full replacement cost (assuming you can prove its condition was not pristine when you moved in).

In my brief research I found no law about replacing carpet; however, if it is the law that the landlord has to replace carpet every few years, it's still the landlord's responsibility, not the previous tenant's.

If you can access this site, do it:

http://www.nolo.com

or contact your local tenant's rights organization.

Answer 3

The landlord can only deduct damages and charges from the security deposit for which you are legally liable under the lease agreement, or for physical damage to the property. Your landlord cannot retain part of your security deposit to cover normal wear and tear. Normal wear and tear means deterioration or damage which occurs based upon the normal intended use of the premises, and which is not due to the tenant's negligence, carelessness, accident, or abuse. For example, the landlord cannot withhold part of your security deposit for worn carpet, small nail holes, scratches on the sink or countertops, or fingerprints on the walls. A landlord may be able to deduct for large permanent stains on the carpet and crayon marks on the walls caused by you or your guests. Even in these cases, the landlord may not be entitled to replace all of the carpet or paint the entire house at your expense. However, a landlord may also be able to deduct reasonable cleaning fees if authorized in the lease

It depends on the contract you sign. which means, he cannot deduct it unless it proven to be that you are the one tho damaged the property. If its wear and tear due to old age or by last rental, then he has no right to deduct it.

Answer 4

Did you take pictures of the carpet before you moved in and then just before you move out? I'll bet the landlord did. I'll bet he even save the best section for the judge to make his own determination if need be.

I have never heard of carpet needing to be replaced everytime tenants move..or even every 2 years......thats ridiculous. If the landlord puts tile or hardwood in should they replace that too every time you move?

Why do tenants think they dont have to take care of the carpet, then are upset that they are being charged? Normal wear and tear would not necessitate annual or biannual carpet purchase.

My last tenants move into to a unit w/ carpet that was 18 mos old. The idiot parked his motorcycle in the livingroom leaving an oil stain, kids candy and gum in the carpet. Puff paints and Red coolaid (hello wild kids on cooaid???)

why should landlords pay for expenses over and over. Maybe we should start charging tenants up front for new carpet and then offer to rebate it back if they just dont thrash it ......Oh wait ....thats called a deposit.

Geeze