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Q.How much can my landlord deduct for spots on the carpet?

A.As with paint, the answer depends on how long the tenant resided in the rental and the condition of the carpet when the tenant moved-in. California Civil Code Sections 1950.5(e) prohibits the landlord from deducting for normal wear and tear and for damage caused by a prior tenant. Normal wear and tear includes not only the wearing down of the carpet but also moderate amounts of dirt and spotting; it does not include large rips or tears or permanent stains.

If the tenant did cause damage to the carpet beyond normal wear and tear, then the courts look to the "useful life" rule. Carpet has been found to have a useful life of 7 to 10 years depending on who you talk to. So if the carpet was 8 years old when you moved in and its replacement costs was $1,000, the landlord could reasonably charge up to $200 for the two years life left on the carpet.




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