Legal Question in Real Estate Law in California
My question concerns the refund on a tenant's deposit. My tenant had a pet that was not agreed to in the rental agreement. The tenant's pet peed on the carpet and there was also a burned area on the carpet. The carpet was 4 years old but needed to be replaced because of the damage. My question is how much of the replacement cost of the carpet can I withhold from the deposit?
2 Answers from Attorneys
There are different ways yuor damages could be measured: 1) the cost of a similar new carpet plus installation less the value of the old carpet at the time the tenant left 2) The value of the carpet at the time the tenant moved in less depreciation from normal wear. Since the smell from the pee can not be gotten out, the current value of the carpet is zero. You are not supposed to be able to collect for betterment [cost of replacing with carpet equal to value when tenants moved in less normal wear and tear] but you can not buy usually used carpeting. So you might get the cost of a new carpet. Be sure to keep written proof of the costs incurred and pictures of the damage.
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