Legal Question in Real Estate Law in California

Tenant Security Deposit Refund

Need to know about wear and tear on rental homes, specifically carpeting, lineoleum, appliance over 20 years old. Is there a formula to figure and damage or wear on these items. Can you relay any civil codes to back up, i need this for a mediation.


Asked on 5/22/02, 5:21 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Tenant Security Deposit Refund

There is NO wear and tear paid out of a security deposit. Normal wear and tear is considered part of the rent.

Only damage caused by misuse or intentional damage can be retained from a security deposit.

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Answered on 5/22/02, 5:37 pm
Victor Hobbs Victor E. Hobbs

Re: Tenant Security Deposit Refund

A tenant is not responsible for normal wear and tear. I can give you some of my own experiences. However, you want something by the experts. And the experts are apartment owners, and their associations. So I'd start with something to do with normal usage: appliances 14 to 18 years usage, rugs 5 to 7 years usage, linoleum 8 to 19 years usage, blinds and drapes 4 to 6 years usage, and paint 3 to 5 years usage. There are probably some things on the Internet on appliance usage by the major manufactures. Or one of the testing houses that test appliances, etc. You might check with Consumers Magazine(s) at your library or on the Internet.

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Answered on 5/22/02, 7:03 pm


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