Security Deposit Carpet Wear And Tear

California tenants are not responsible for normal wear and tear to carpets.

Security deposit carpet wear and tear. Faded paint or wallpaper due to sunlight broken plumbing caused by normal use dirty blinds and curtains. You re within your legal right to withhold a tenant s security deposit to help pay for anything beyond the broad normal wear and tear definition. Ordinary wear and tear to carpets drapes and other furnishings cannot be charged against a tenant s security deposit. And the longer a tenant has lived in a place the more wear and tear can be expected.

Here is a list of things that are generally considered to be normal wear and tear which cannot according to security deposit laws be deducted from a security deposit. Typically landlords may use a tenant s security deposit for any cleaning or repairs necessary to restore the rental unit to its condition at the beginning of the tenancy. Landlords may not however use the deposit to cover the costs of ordinary wear and tear. When you move out you are must return the rental unit to the same condition you rented it except for reasonable wear and tear reasonable wear and tear naturally occurs over time.

Most disputes over security deposits come down to what constitutes normal wear and tear. A tenant may have a strong case if he or she can show that a landlord took a deduction for damages on something that is actually normal wear and tear. When a tenant moves out of a unit the landlord may deduct from a tenant s security deposit to repair damage to the premises that is caused by the tenant but only for damage beyond ordinary wear and tear. Civil code 1950 5 b 2.

Examples are paint fading scuff marks on linoleum wear patterns on carpet etc. Security deposit disputes unfortunately disputes often arise when a tenant defines a deduction as wear and tear while a landlord considered it damage. The most common dispute between landlords and tenants is over the security deposit refund and whether damage is wear and tear. Damage on the other hand generally occurs more as a result of negligence or abuse.

Civil code section 1950 5 e ordinary wear and tear includes simple wearing down of carpet and drapes because of normal use or aging and includes moderate dirt or spotting. A landlord cannot deduct the cost of repainting or replacing carpet from the security deposit for normal wear and tear or even when the walls and carpet have met the useful life terms.