Wear and tear?

[luchabee]

Yes, there is some language in the law about reasonable wear and tear concerning a tenancy.

(My two cents: just clean it very well and take a lot of photos in case you have to go to small claims.)

Everything you need to know is probably in these pamphlets from the CA Department of Real Estate:

http://www.dre.ca.gov/faq_landlord_tenant.html

[CA renter]

I also had to take a LL to court over the deposit.

In addition to EconProf’s very good recommendation (the list), it’s always a good idea to take pictures and video of the ENTIRE property — inside and out, including the garage, yard, driveway, etc.

Lock the pics/video/list away in a fireproof safe, just in case you need it in the future. As part of the video, tape something that is applicable to that day (like a shot of a TV show with date clearly stamped and/or newspaper from that day). It’s not 100% proof of the date, but can help, IMHO.

[CA renter]

I also had to take a LL to court over the deposit.

In addition to EconProf’s very good recommendation (the list), it’s always a good idea to take pictures and video of the ENTIRE property — inside and out, including the garage, yard, driveway, etc.

Lock the pics/video/list away in a fireproof safe, just in case you need it in the future. As part of the video, tape something that is applicable to that day (like a shot of a TV show with date clearly stamped and/or newspaper from that day). It’s not 100% proof of the date, but can help, IMHO.

[CA renter]

I also had to take a LL to court over the deposit.

In addition to EconProf’s very good recommendation (the list), it’s always a good idea to take pictures and video of the ENTIRE property — inside and out, including the garage, yard, driveway, etc.

Lock the pics/video/list away in a fireproof safe, just in case you need it in the future. As part of the video, tape something that is applicable to that day (like a shot of a TV show with date clearly stamped and/or newspaper from that day). It’s not 100% proof of the date, but can help, IMHO.

[CA renter]

I also had to take a LL to court over the deposit.

In addition to EconProf’s very good recommendation (the list), it’s always a good idea to take pictures and video of the ENTIRE property — inside and out, including the garage, yard, driveway, etc.

Lock the pics/video/list away in a fireproof safe, just in case you need it in the future. As part of the video, tape something that is applicable to that day (like a shot of a TV show with date clearly stamped and/or newspaper from that day). It’s not 100% proof of the date, but can help, IMHO.

[CA renter]

I also had to take a LL to court over the deposit.

In addition to EconProf’s very good recommendation (the list), it’s always a good idea to take pictures and video of the ENTIRE property — inside and out, including the garage, yard, driveway, etc.

Lock the pics/video/list away in a fireproof safe, just in case you need it in the future. As part of the video, tape something that is applicable to that day (like a shot of a TV show with date clearly stamped and/or newspaper from that day). It’s not 100% proof of the date, but can help, IMHO.

[paramount]

Under California law, carpet has a 10 year life expectancy. However, does that still apply if a pet destroys the carpet (as in my case)? For example, my lease is written with the following stipulation (as part of a pet addendum):

8. Tenant will be held responsible for all costs associated with replacing the carpet should it be damaged by the pet. If the carpet is damaged and needs replacing but the existing carpet can’t be matched, the tenant shall pay to have the
entire unit carpeted. Any additional costs for sealing the floors or walls will also be the tenant’s responsibility.

Can the lease trump state law?

[SD Realtor]

I believe if you have documented proof of damage that is specific to this tenant and is beyond what would be considered normal wear and tear, then you will be okay. If it were me, I would keep the deposit and apply it to the carpet. If the tenant wants to challenge then they will take you to small claims court. Then it will boil down to your documentation (ie before and after pictures) and whether the judge views the damage as beyond wear and tear.

[paramount]

[quote=SD Realtor]I believe if you have documented proof of damage that is specific to this tenant and is beyond what would be considered normal wear and tear, then you will be okay. If it were me, I would keep the deposit and apply it to the carpet. If the tenant wants to challenge then they will take you to small claims court. Then it will boil down to your documentation (ie before and after pictures) and whether the judge views the damage as beyond wear and tear.[/quote]

The damage was cat urine.

I can’t really prove it was not previously there – how could I?

And while I do have pictures (pre move in), they won’t show the urine (the carpet is brown).

I kept the carpet and yes the staining is obvious with the carpet pulled up (the backing is stained).

The smell was pretty bad.

[urbanrealtor]

Typically, carpet life is considered 5 years.
I have heard of courts shortening that to 3 years (as Barnaby mentioned).
I have never heard of that being 10 years (as paramount mentioned). If paramount could show me some data points on that I would be much obliged.
I have hears that paint life is considered 3 years and have seen judges rule that way before.

A deposit can be categorized as anything.
However, it is considered legally refundable under state law (barring legitimate deductions).
Many management companies will openly state that they automatically deduct for painting or what have you.
This is not legal an will not ever stand up in court.
Deposits can be deducted for the following 3 reasons:
1: Willful or negligent damage (beyond wear and tear).
2: Cleaning
3: Unpaid rent.

Any deduction needs a proof of damage (eg: a receipt from a cleaning service or handyman).
There are some exceptions if the amount is small and the landlord did the work themself.

Personally, I would sue first and ask questions later. Specifically, I would send a letter (or email or fax) to the landlord explaining why the “damages” were either antecedent to your possession or expected given the useful life and also explain the law. Then I would wait 1 week and sue. I would also mention in the letter that they had 7 days to respond before I sued.

I would then sue for $10k (max for small claims) and see if you get an offer to settle.

But that’s me and I have been to court several times. This type of thing is the most common case I watch when I sit in on cases. .

Again, your results may vary.

[SD Realtor]

Tough call Paramount but I would go with keeping the deposit and letting them try to get it back through the courts.

As a next time sort of thing, when you have the tenants first move in have then sign a preoccupancy inspection that clearly states that there are no signs of urine (stain or smell) on any of the carpet. Then when they move out, you go through the post occupancy inspection, note the stains and have them sign that. At the very least then you have acknowlegement of the urine staining.

Obviously there are no gaurantees here but then the effort to get the deposit back is made by the tenant. Worst comes to worst you lose the case and have to give the deposit back. There are no “damages” that the tenant can claim because you kept the deposit over damage that clearly was there. At worst the judge decides it was normal wear and tear and you refund the portion or all of the deposit.

[EconProf]

Both urbanrealtor and SDR have just given great advice for both landlords and tenants that, if followed, will eliminate most disputes that occur upon moveout.
They both stress the importance of full documentation of the condition of the premises at the outset, and who is responsible for what conditions at the move-out. But the atmosphere at the beginning of rentals works against detailed documentation. There is a sort of “honeymoon” at the beginning since the landlord has found a paying tenant and the tenant has picked these premises over alternatives. Each side likes the other and both are optimistic that everything will just work out fine in the future. That is exactly when each side needs to remind themselves that this a business relationship, and the paper trail they establish now governs everything in their future.

[paramount]

Thanks everyone.

It appears that California law does not assign a definite life of carpet, but based on my research (including state published landlord/tenant guides) 10 years seems to be supported by case law and other documentation.

Part of the problem I’m having is that a property management company handled the move-in, and I have since ended my relationship with that company (for good reason).

I know that they took pics of the property prior to move in, and I do have them.

I don’t think they had a pre move-in inspection, but there were issues noted on the lease (and carpet smells were not one of them).

[paramount]

[quote=urbanrealtor]
Personally, I would sue first and ask questions later. Specifically, I would send a letter (or email or fax) to the landlord explaining why the “damages” were either antecedent to your possession or expected given the useful life and also explain the law. Then I would wait 1 week and sue. I would also mention in the letter that they had 7 days to respond before I sued.

I would then sue for $10k (max for small claims) and see if you get an offer to settle.

[/quote]

Never-mind personal responsibility…

[Hatfield]

In order to sue for $10k you would have to be able to show $10k in damages.

[Author]

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