Legal Question in Landlord & Tenant Law in California

landlord/tenant

I have lived in my apartment for 13 years. I spiiled shoe dye on a small area of the carpet. When I move, am I responsible for what it cost to install the carpet at present day prices, or what it cost 13 years ago? Should an amount be deducted for ''normal wear and tear''?


Asked on 6/02/09, 10:40 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: landlord/tenant

If the landlord hits you for carpet replacement costs when you move, fight it. Carpet does not in any world, have a 13 year useful life in an apartment, so it has been worn out by your tenancy under "normal wear & tear," and you should not be responsbile for its replacement. The most likely scenario - the landlord will withhold from your security deposit (when you move) the cost today to replace the carpet. If he's generous, he might pro-rate what he withholds (he might claim the carpet had a 20 year useful life, and that since he must replace it now, you are responsbile for 7/20th of the carpet cost), but he's probably going to withhold something. At that point, you need to send a letter objecting - stating that after 13 years, due to just normal wear & tear, the carpet is no longer useable, and therefore you should not be responsible for any portion of the cost. When or if he doesn't return that amount, sue him in small claims court.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/03/09, 1:36 pm
Marc Wilson Law Office of Marc Wilson

Re: landlord/tenant

You would be responsible for what it costs at today's prices.

And no, if an area of the carpet is damaged beyond what cleaning can do and is not due to the passing of time (ie: you ruined it by your actions), then this is not normal wear and tear.

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Answered on 6/02/09, 11:22 pm


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