Legal Question in Landlord & Tenant Law in California
Security Deposit based on wear and tear
Can a landlord charge me the full amount to replace the carpet and vinyl in an apartment even though I lived there for 2 years before moving out? I admit to causing the damage to the flooring.
1 Answer from Attorneys
Re: Security Deposit based on wear and tear
You are responsible for damage to the flooring, that was NOT caused by ordinary wear and tear. If the damage was caused by ordinary wear and tear, it is the landlord's problem, and not yours.
If you damaged the flooring (and damage not due to the aforesaid wear and tear), the landlord can still only pro rate the cost of the new carpeting. If the carpeting was expected to last 10 years, and it has been down 7 years when you vacate, the landlord can only charge you for 30% of the carpet life, since he would have to replace it, anyway, within 3 years.
If you need more, please feel free to e-mail, or call, my office.
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