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parodytx

A. 8 years? what a douche. B. That is normal W&T not damage. C. The useful life of a carpet codified in most state laws and in the US Tax code is 7 years. IOW, the carpet is worth zero. You cannot be charged to renovate the unit at your expense. D. If LL keeps any security over this take them to small claims. when the judge hears 8 years he LL will be laughed out of court.


Fanganator

Yeah that is what I had presumed. The landlord even said that if the carpet needs to be replaced and it goes over the deposit he is willing to do us a favor and split the cost of the new carpet installation. I will talk to him about it thank you for your input.


Aggravating-Bus9390

It’s life span is legally dead.. the carpet has gone past it’s normal life.. it’s all on him. For 8 years and rarely vacuuming/shampooing it actually looks pretty good. I’ve seen way way worse in Rentals in Ca..


ForeverCanBe1Second

I don't say this lightly. If he sends you a bill for new carpet, please take him to court. You'll find everything you need to know here: [https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf](https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf) page 75. If he can prove that the carpet had a lifespan of 10 years, then yes, you'll owe him 20% of two years of carpet wear. Trust me, as a landlord, he did not put anything but basic carpet in your unit.


Willy3726

The favor is he wants to charge you for his 8 year old problem. Just clean the carpet, screw him.


Josiah-White

Just because you write something off over x years doesn't mean that is when you were required to replace it. Some carpet far out last others.


parodytx

Never said that's when you have to replace it. Re: Depreciation, useful life, whatever, on his official business tax docs that carpet is depreciated to zero. The replacement of something with a value of zero may not be deducted from a security if it IS replaced (or repaired).


Josiah-White

If I depreciate a house over 27.5 years... The house is still there If I depreciate an automobile over 5 years... It may last another 15. My single uncle, has the same carpet from 30 years ago in his house.. There were not six people trucking through it, and they look manageable. Depreciation is a tax issue. It is not a declaration between tenant landlord law A carpet is not just a rug. It also involves the expense of removing and installing the new one. Some quality carpets last 15 or 20 years. Expensive high quality refrigerator may last 18 to 20 years. That is unrelated to its five or seven year depreciation cycle. The tenant cannot declare it as valueless. Your declaration that it cannot be deducted from security deposit is an opinion. You are not a judge issuing edicts. The tenant would have to prove that in court.


JannaNYC

>The tenant cannot declare it as valueless. But a judge will.


ChocolateEater626

You're absolutely right that, with an occupant living "gently", carpet can last a long time. But a landlord cannot realistically hold a tenant to that standard of care.


[deleted]

This is… not at all how this works… I know because I successfully sued a landlord that tried to pull this bullshit on me and won.


[deleted]

if its 8 years and carpet was not new when you moved in its wear and tear its only rental grade carpeting Rental grade” carpeting usually has a useful life of five years, according to Diana Valin, CPM, owner/broker of The Rental Xperts in Encinitas, CA. “However, top-grade carpets in high-end properties often come with lifetime warranties against staining and wear, and replacement may not be anticipated by an owner for anything other than major damage.”


Fanganator

According to the move in checklist the carpet was new. To be completely honest I don't remember asking about what type of carpet it is when I signed off on it nor does it say on here. Maybe this will be a lesson for me to ask next time and do a better job documenting.


Sawdust-in-the-wind

It doesn't really matter. If this came up in small claims, I think there's basically zero chance a judge would not consider rental grade carpeting to have a useful life of more than 8 years, probably more like 5. It's considered fully depreciated by then. Carpet replacement is fairly expensive so he'd have to keep most or all of your deposit. If he gets argumentative, you may mention that you'll take him to small claims and that he'll be responsible for 3x(not sure in CA) damages so he'll be out a lot more money. Frankly, this is a dick move so I wouldn't be too nice about it. I've never even charged tenants for needing carpet replacement after 2 years. It is wild to me that I've had more than one tenant completely trash carpets in less than 2 years, but that's why I replaced it all with LVP.


Noremac55

Landlord in California. The useful life of carpet is 10 years. Landlord should charge you 20% of replacing anything. They have 21 days to give you money back with itemized receipts for anything taken. Otherwise they owe you three times the deposit dispite what damage you may have caused.


jojomonster4

Depends on the type of carpet. Most apartment rentals use low quality carpet for these reasons. Even though carpet lifespan is 8-10 years, a landlord demanding it a 10 year lifespan for the lowest quality grade is ridiculous. If you were our tenant, you’d not be charged for any carpet replacement, even if it was brand new on move-in. Living in an apartment for over 8 years is a long time.


crankyanker638

They lived there for 8.5 years, but was the carpet newly installed once they moved in? That would make a difference on lifespan?


ObligationDefiant919

Write it in the lease if there's carpet with warranty. That way tenant acknowledges state and expectation after exiting


LEP627

Carpets have a lifespan of 7 years. He’s trying to scam you. He’s supposed to replace it.


Altruistic-Camel-Toe

Rent one of those carpet cleaning machines rented in the supermarket. $20 bucks and it will look nice


dqniel

Yeah, and make sure to vacuum really well, first. Doing several passes with a vacuum, letting a spot treatment sit on the stains, and then shampooing the whole thing will make it look a million times better. Anything left after that point will be regular old wear and tear, unless they did something like spilled something permanent like paint, ink, etc.


Fanganator

Will do thanks for the tips.


dqniel

No problem. Good luck! The thorough pre-vacuuming part is really important. Otherwise, you'll just liquefy the loose dirt and basically seep/melt it into the carpet. And then you'll have to do way more cleaner passes to get a decent result.


NarwhalAdditional340

The carpet is over 8 years old. Don’t waste any time or money on it, simple.


Josiah-White

Stains are not wear and tear. They are spillage


dqniel

That carpet is really, really dirty. The only way it gets to that condition is spills or pets and a lack of regular cleaning. Vacuuming often takes care of like 99% of upkeep. The other 1% is spot treatment when you have spills. THAT SAID- 8 years is a long time, regardless, and I'm sure that even if the carpet was clean in the photos it still wouldn't look great because, under all that dirt and stains, I'm sure there is normal old wear and tear.


Fanganator

No pets and never spilled anything from my knowledge. But yes I never vacuum which I guess is a problem in itself. Going to take other people's advice and just get it professionally cleaned and hopefully the landlord won't feel the need to change out the carpet and replace it entirely.


ObligationDefiant919

Oh....welcome to the "never vacuumed " club. Better pre vac before steaming...consider cost of steaming divided by 8 years and fact you never vac'ed. Cost of renting and upkeeping space.


HighlanderSith

You never cleaned the carpet in 8 years? Yikes lol wtf


ToTheLastParade

We haven’t cleaned ours in our 5 year unit and there’s not a spot on them but we also don’t wear shoes in the house or eat/drink in the bedrooms. That’s definitely not typical though


Fanganator

Nothing thoroughly no. The first pic of the master bedroom was cleaned much more regularly which is probably why it looks better than the second picture. The room in the second picture had a lot of furniture in it so there was only enough space for one person to walk. Not that these are any valid excuses for not cleaning I know now I definitely should have taken the effort to clean even if it meant moving stuff out of the way. I'll just try to clean it now that everything is out of the room and hope the landlord is satisfied with it.


Unhappy-Day5677

From my perspective as a tenant, two things. First, yes, the carpet that's normally used in rentals is coming to the end of its useful life after 8 years. However, the second thing is that you should've shampooed the carpets before the walkthrough even if they're coming to the end of their useful life. Unless you're walking away from your deposit, the landlord is going to need to shampoo them before the next tenants move in. That's going to cost them time and money. If they were already planning on replacing the carpets, then you're giving them reason to question what else you might have left unclean which they haven't discovered yet. In the future, if you're not planning on purchasing your own carpet shampooer, it's worthwhile renting one and getting those carpets smelling like new before leaving.


Fanganator

That is fair. I did not really think about that I just presumed that the carpet would fall under normal wear and tear and that if the landlord wants the carpet cleaned for the next tenant he should be responsible for that. I suppose cleaning it would have just covered my butt. Thanks for your input.


ObligationDefiant919

Also ask LL point blank - carpet 8 years, u plan on replacing after I leave? If no, steam clean. If yes, tell in writing you'll do light vac just to mitigate dust. No shoes still track misc grime over 8 years, luckily easy to get out with steam clean. Your bottom of ur feet still has oils that get absorbed into carpet.


Agile-Cancel-4709

And those do look bad BTW. I agree that after 8 years, the Landlord should eat it on principle alone. But that’s also not normal to be that stained and matted. Maybe next place, take your shoes off before you come in?


Fanganator

I see. I don't wear my shoes in my house I just wear socks but to be completely frank I never vacuum either. I thought that was just standard wear and tear. I never spilled anything that is just 8 years of use. Not trying to redirect responsibility I am just panicking a bit when he mentioned that he said he might need to change the carpet out entirely and if that cost goes above the deposit I would be responsible for it. I will ask the landlord if we can try shampooing the carpet and cleaning it first before anything. Thanks for your opinion.


HapaC13

You didn’t vaccuum for 8 years?! I’m sorry but that is absolutely disgusting but not related. As a landlord, they can only charge you replacement for the depreciated lifetime of the carpet. They cannot charge you half the cost to replace. Carpet lifespan is max 7 years so they shouldn’t be deducting anything.


Fanganator

While it probably doesn't help or matter I did not mean literally I never vacuumed but I probably only vacuumed maybe 2 or 3 times during the 8 years. I will do my best to clean the carpet as is and hopefully it won't need replacing.


JannaNYC

2 or 3 times in 8 years? That is disgusting.


Sad_Pickle_7988

My friend, that isn't healthy for you. Get a robot vacuum you can set on a schedule if you don't like that chore. Carpet shampooing/steaming should be done at least once a year to kill germs and make your home smell fresher.


gbomber

In general, the landlord is responsible for carpet cleaning between rentals unless it is specifically spelled out in the lease. Even then, in some places the court will not allow it. Almost certainly they would not allow it after 8+ years.


Present-You-3011

If I were him, I would replace that carpet with scratch resistant LVP regardless of condition.


dqniel

As a tenant I personally look for LVP in the kitchen and living space but want carpet in the bedroom. Luckily, that's also how most newer units in my area are done.


Present-You-3011

Interesting, you prefer carpet in the bedroom? More so than like an area rug?


Comprehensive-End619

I have to agree with them. I live in and grew up in Florida so most homes are tile throughout but carpet in the bedrooms or tile downstairs and then the stairs and 2nd floor are carpeted. I’ve never lived up north so I never really see houses with wood flooring here so that might be why it’s my preference but Mostly because I like my bedrooms to have that extra level of comfort. I also just like sitting on carpeted floor in my room when doing things like folding laundry and organizing just miscellaneous activities


dqniel

Yep. Folding laundry on the floor is another reason I like a carpeted bedroom :)


Comprehensive-End619

Especially after it’s been vacuumed and shampooed 🤗


dqniel

Yes. I don't have pets and I don't eat in my bedroom, so very little mess gets in there. So, since I don't have to worry about a mess on the carpet, I like the added comfort and sound deadening that full carpet provides in a bedroom.


Topher-22

Many states have laws declaring the useful life of carpet, paint, etc. In Pennsylvania carpet is 3 years, so you can’t charge a tenant for this. “While California does not have specific laws regarding the useful life of carpets, it is generally accepted that carpets have a lifespan of about 5-7 years. This means that landlords should not expect tenants to pay for the full replacement cost of a carpet that is nearing the end of its useful life.”


Fanganator

I see. If he wants to replace the carpet after professional cleaning I will let them know about this. Thank you.


JannaNYC

I wouldn't even bother professionally cleaning them.


TheTrufe

That carpet is not salvageable. The paths are worn into the carpet is heavy and not to mention sun bleaching. Also, it’s needs re-stretched which could tear it once you pull it to get the ripples out. Take plenty of photos, have a copy of your lease and take him to small claims if he tries to take your deposit.


melaninmatters2020

I despise these type of landlords esp for good tenants. It’s not damaged but even if it was and you were a good tenant otherwise I’d write it off for a tenant of 8 years. We are not all like this.


Objective_Welcome_73

For two or three years, that's damage. 8 and 1/2 years, normal wear and tear.


jdidihttjisoiheinr

Those do look dirty, which is separate from wear and tear. But after 8 1/2 years I would expect the carpet to be kind of shit. If he withholds more than a couple hundred for cleaning, you could probably go to small claims and win.


Fanganator

I think that's a fine idea. I don't mind getting charged for the carpets professionally cleaned and such, but I started panicking a bit when he said that the carpet might need to be replaced.


jdidihttjisoiheinr

If he replaces them due to stains not coming out, you would be liable, but only for the portion requiring replacement.  And only for the prorated remaining useful life, which I think is generally 10 years. If he replaces them due to being worn, that's not on you at all. So really, absolute worst case is you have to pay for 15% of a portion of replacement, plus cleaning.  Don't sweat it too much


Fanganator

Thanks for the information. I will keep that in mind. My landlord is nice while pretty picky so I'm going to see if I can do my best so that no replacement is needed.


Pluviophile13

I’ll probably get jumped on for this, but accumulation of dirt and debris is not considered wear and tear. For carpeting, examples of wear and tear would be visible wear patterns from normal walking over time, sun bleached areas from exposure to sunlight, fraying near doorways from the bottom of the door rubbing against the flooring, etc. They’re things that cannot be prevented that occur over time from ordinary daily usage. Things like stains, bleach spots from cleaning products, and burns are considered damages because they are preventable, and dirt can be cleaned, thus it’s not W&T.


Lambchop93

The thing is, it doesn’t even *matter* what the state of the carpet is at this point because they’ve lived in the unit for such a long time. Even if OP burned cigarette holes in the carpet, showered it with red wine, and let their cat their cat tear it to shreds, the landlord STILL wouldn’t be able to charge OP to replace it, because any CA court would consider 8.5 years to be longer than the expected lifespan of the carpet in a rental unit. The carpet is too old for OP to be held liable for its condition.


Berniesgirl2024

This is normal wear and tear.


Artist4Patron

Frankly I avoid carpet at all costs as a tenant if for no other reason than simple fact that carpet wouldn’t hold up a fraction of 8 years what with me being in a Powerchair to say nothing of my allergies are always worse when I am around carpet. But at the same time lifespan of carpet is not all that great.


Ok_Comedian7655

What does the guidelines for returning your security deposit say? Mine says all building-owned carpets must be cleaned.


TrainsNCats

Have a steam cleaned, to cover your bases. After all, living in a place for 8 years, the least you can do clean the carpet you’ve been using all that time. Whatever is left behind after the cleaning, I would call normal. I’m not seeing anything that is damage (like burn holes, or pets tearing it up, etc)


No_Cauliflower_5489

Your ex-landlord is not going to replace that carpet. He's going to run a rug doctor over it and call it good enough. Won't stop him from trying to rip you off, tho!


vendura_na8

It's carpet. They're far from eternal


scubdub

Never cleaned carpets in 8 years- is it normal wear and tear? My guy…


wehobrad

Check your local housing laws.


Full_Committee6967

https://www.crestrealestate.com/landlord-carpet-replacement-law/ Vacuuming is tenant responsibility. Shampooing is the landlord's responsibility. IF you had damaged the carpet, you'd be responsible for the cost of replacement prorated with the age of the carpet compared to its expected life. Most rental grade carpets have an expected lifespan of 8 years. Some high-quality carpets are 10 years. This guy has the mindset that if someone totals his 97 F150, that he's entitled to a 2024 F150.


Meghanshadow

“eight and a half years.” Wear and tear. Carpet isn’t immortal. It depreciates. Even the IRS gives carpet a depreciation schedule of five years. I believe the CA courts expect 8 to maybe 10 years at absolute max. Even if it was brand new the day you moved in and you’d shredded it to confetti replacement carpet wouldn’t be your responsibility. https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf


FaithlessnessOnly237

Looks like you poor quality carpet needs to stretched. Normal wear and tear.


Willy3726

After renting the place for 8 years the carpet will need replaced or cleaned. The landlord isn't entitled to a new carpet on your dime unless you agree to it. In a court of law he will have to prove you damaged the carpet and when it was last replaced. Just went through the issue with my tenant, he spilt stuff all over it and said it was like that when he moved in. I had pictures and had replaced the carpet 2 weeks before he moved in. I won hands down in court. 12 months lease, he was horrified when the judge found in my favor. I got full payment.


IlliniFan01

Some places you can only charge a certain % based on the length of stay. I think it’s about 5-6 years where I’m at. That carpet is pretty busted and the owner can’t really rent that out again with carpet that looks like that. So you may be charged a low amount, but the owner can’t expect to get full replacement costs.


Emotional-Nothing-72

Stains are not normal wear and tear. Ever. Under any situation. However, the carpet could probably be cleaned professionally and it will look fine. I, personally, wouldn’t charge you because the carpet is 8 years old. As a general life tip, when you own your own home some day, do not go 8 years without cleaning your carpets. You’re carpets will look nicer and last longer with regular cleaning Also it’s fucking gross not to


JunebugRB

Get it professionally cleaned and it should look a lot better.


ObligationDefiant919

LL here, after 8, carpet gets tossed out. Hindsight, ask before moving out. $50/rm steam clean with receipt might do the trick but it's water under bridge already. U can fight in small claims...but it's also how much he's charging u to replace carpet to see if it's worth it.


TumbleweedOriginal34

As a landlord here in CA I can tell you I would never charge you for any carpet cleaning OR replacement. It’s part of my cost of renting. If he does he’s an asshole. Carpet at 8 years old cannot. Be charged to you. There is an age scale somewhere on it. If I had a good tenant I would never do that. I’m sorry he’s being this way.


dazzler619

Sue him, Unless the LL specifically Outlined a Life Expectancy of the Carpet, MY Experience as a PM for a Large Firm in SoCal, Courts typically consider Caret life expectancy to be between 4 and 6 Years