Legal Question in Real Estate Law in California

It is a very general rule. The tenants are responsible for any damage to the carpet beyond what would be considered by a reasonable person to be greater than the normal wear and tear one would anticipate. Obviously that is a definition that allows differences in opinion as to what has to be paid for. The tenants have to clean the carpet so that it looks like it did before they moved in, aside from the normal wear and tear.but the landlord has to offset the damages, such as buying new carpeting, by the improvement [betterment] in the value of the carpeting. Depending on the quality of the carpeting, a judge might say it has 3, 5 or more useful years of life. before moving in, it is best for both sides to take pictures of the carpeting to show what its condition was.

Normal wear and tear to carpets cannot be chargd against a tenant's security deposit. (Civ. Code, sect. 1950.5, subd. (e).) Contrary to popular belief, there is no express law that provides the landlord is on the hook for carpet after a certain period of time, despite damage caused by a tenant.

Normal wear and tear includes the simple wearing down of carpet because of normal use or aging, and includes moderate dirt or spotting. It does not include damage caused by the teenant, such as large rips or indelible stains.