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I was one of 5 total tenants, including landlord and adult son, in shared housing. I lived there for 3.5 years.
In March the son damaged the downstairs carpet due to a fish tank overflowing dirty water. The carpet had to be replaced and much of that cost was covered by insurance.
The stairs and 3 upstairs bedrooms, including mine, were not covered by insurance but the landlord decided in the April/May timeframe to pay for replacing those carpets on her dime. On May 23, the new carpets for downstairs and the staircase were installed with the expectation that the upstairs carpets would be installed in a few weeks after that.
Being chemically sensitive (and carpets can outgas for years), I knew I had to move asap. On June 18th, I gave my notice to vacate and fully moved out July 4th.
I was told by landlord that the carpet was 15 years old. In last week, landlord kept my entire security deposit using argument that I soiled staircase, upstairs hallway and small area in my bedroom (most of the carpet covered by area rug and furniture). Even though 2 other tenants walk on the same areas on a daily basis, as well as periodic long-term guests and repair people.
It seemed excessive to me for a variety of reasons and I sent her a demand letter to see if we could resolve between 2 of us:
1. the landlord made the decision to replace/pay for new carpets upstairs weeks, possibly couple months, before I gave notice. Would she not have to mention something at the time she made the decision to replace upstairs carpet or send me a bill for “alleged” damages??
2. Can she charge me for replacing soiled carpets in common shared areas? Is not common shared areas the responsibility of the landlord?
3. she did not follow CA law in her initial email in terms of depreciating carpets for accumulated wear/tear. In my research I found that CA uses the guidelines of 8 -- 10 years for the useful life of carpets in rentals although did not see it in the actual law. In my demand letter letter letter, I indicated that the carpets were beyond they are useful value and replacing them was on her.
She responded back and said the insurance company claimed the carpet still had 40% of their value. She claims her carpets have a useful life of 20 years. Is depreciation of carpets different for Insurance companies vs. that you used for rentals? Is it possible that a carpet has a useful life of 20 years?
4. how does one discern “normal wear and tear” vs. true damage?
All I did was walk on the carpets. Did not damage in any way beyond using them as part of living there. Yes, there was some dirt after 3+ years. She claimed carpets could not be remedied through professional cleaning but had to be replaced. In my experience older carpets naturally get dirty faster and dirt more ingrained.
BTW, I would have paid for professional carpet cleaner for my room but replacement of the carpet had already been scheduled for the week after I moved out.
She also kept whole security deposit of prior tenant without sending a written itemization of deductions. So she has pattern of not following CA law. It is my understanding that when CA law is not followed re: security deposits, she gives up her right to any part of it. Is that true?
The whole thing seems excessive and parts of it unlawful. I would love to hear others’ thoughts. Thx!
Yes, you have a good case. On this one I would go to court.
Depreciation should not be an issue since she had already scheduled the replacement without trying to clean your room. And cant charge like you said for other areas.
And yes the depreciation by insurance company often is different. Who cares what they told her. It is what the courts use that counts.
Only problem I see is if you did not pay for all of July. Since would have needed a 30 day notice.
Unless you have something from LL that agreed that was not an issue.
As I mentioned in my post, I am chemically sensitive ( MCS) and that's considered a disability (ADA) both in housing and employment.
When LL had downstairs carpets replaced with almost no warning (and LL knew before I moved in that I had MCS), I immediately sent her a request for reasonable accommodations (like a mask that filters chemicals) to handle the chemical outgassing. And I was real sick as a result.
Evidently a "lodger" does not have same ADA rights as a tenant so she refused. What she did offer was to release me from 30 days notice so I took her up on it.
I fully paid rent and personally handed it to her day I moved out and she accepted it. So assume rent is satisfied.
If you have any wisdom/experience about suing in small claims court, I welcome your feedback.
I was one of 5 total tenants, including landlord and adult son, in shared housing. I lived there for 3.5 years.
In March the son damaged the downstairs carpet due to a fish tank overflowing dirty water. The carpet had to be replaced and much of that cost was covered by insurance.
The stairs and 3 upstairs bedrooms, including mine, were not covered by insurance but the landlord decided in the April/May timeframe to pay for replacing those carpets on her dime. On May 23, the new carpets for downstairs and the staircase were installed with the expectation that the upstairs carpets would be installed in a few weeks after that.
Being chemically sensitive (and carpets can outgas for years), I knew I had to move asap. On June 18th, I gave my notice to vacate and fully moved out July 4th.
I was told by landlord that the carpet was 15 years old. In last week, landlord kept my entire security deposit using argument that I soiled staircase, upstairs hallway and small area in my bedroom (most of the carpet covered by area rug and furniture). Even though 2 other tenants walk on the same areas on a daily basis, as well as periodic long-term guests and repair people.
It seemed excessive to me for a variety of reasons and I sent her a demand letter to see if we could resolve between 2 of us:
1. the landlord made the decision to replace/pay for new carpets upstairs weeks, possibly couple months, before I gave notice. Would she not have to mention something at the time she made the decision to replace upstairs carpet or send me a bill for “alleged” damages??
2. Can she charge me for replacing soiled carpets in common shared areas? Is not common shared areas the responsibility of the landlord?
3. she did not follow CA law in her initial email in terms of depreciating carpets for accumulated wear/tear. In my research I found that CA uses the guidelines of 8 -- 10 years for the useful life of carpets in rentals although did not see it in the actual law. In my demand letter letter letter, I indicated that the carpets were beyond they are useful value and replacing them was on her.
She responded back and said the insurance company claimed the carpet still had 40% of their value. She claims her carpets have a useful life of 20 years. Is depreciation of carpets different for Insurance companies vs. that you used for rentals? Is it possible that a carpet has a useful life of 20 years?
4. how does one discern “normal wear and tear” vs. true damage?
All I did was walk on the carpets. Did not damage in any way beyond using them as part of living there. Yes, there was some dirt after 3+ years. She claimed carpets could not be remedied through professional cleaning but had to be replaced. In my experience older carpets naturally get dirty faster and dirt more ingrained.
BTW, I would have paid for professional carpet cleaner for my room but replacement of the carpet had already been scheduled for the week after I moved out.
She also kept whole security deposit of prior tenant without sending a written itemization of deductions. So she has pattern of not following CA law. It is my understanding that when CA law is not followed re: security deposits, she gives up her right to any part of it. Is that true?
The whole thing seems excessive and parts of it unlawful. I would love to hear others’ thoughts. Thx!
NO, she cannot do this. Even if you had deliberately destroyed the 15 year old carpet, she cannot charge you for them - they're way too old for that. And it was a shared household.
Sue her in small claims court for the full amount, plus filing fees. You'll win, for sure. Good luck collecting. Also, good luck getting into court for the next couple of years!
You might try sending her the filled out paperwork, plus a note warning her that she's gonna wind up with a judgement against her (which would ding her credit), plus filing/court costs, unless she returns your entire security deposit immediately. That might shake it out of her, so that you wouldn't have to wait for the courts to re-open.
Note: a tenant with a disability can ask for a reasonable accommodation,. but under the law, the tenant must pay for the accommodation. So your landlord would have to allow you to wear a respirator because of new carpet, but the landlord has no obligation of any kind to pay for your respirator.
You said that the landlord kept all of your deposit but did not say that the landlord charged you for 100% of the carpet cost. Depending upon how much your deposit was, it is possible that your deposit went for a prorated amount and the cost was shared among all the tenants. You have not provided complete information.
My best guess is that if the landlord had a professional evaluation in writing about the remaining life of the carpet, most judges are going to accept that, especially if the insurance adjuster thought it was fair.
Your only recourse is going to be small claims court. Take your photos and your written proof and let the judge decide.
The landlord said even though full carpet cost for upstairs bedrooms (3 total including mine) + staircase + hallway was thousands of $$'s, she would only charge me my full security to replace carpets ($900). I suppose she is trying to look like the good samaritan when in fact she's gouging me (my viewpoint).
She did not even depreciate carpet in her original itemization of charges but was charging me for 100% of replacing 12 year old carpets.
Here is what she says about depreciation in her second response ...
<<Depreciation: The actual age of the carpeting was 12 years. The value of the carpet was $41.85 per square yard. My insurance company determined the deprecation to be 40% of the original value. This is in line with depreciation formulas which can be found at this site: https://www.claimspages.com/tools/depreciation/carpets-rugs/>>
It's hard for me to believe that depreciation from insurance perspective is same as "useful life" guidelines for rentals. She's claiming by their guidelines that there is 40% value left in 12 year old carpets (she told me 15 years old). Nowhere have I seen documents about when original carpets were installed. would she not need those documents?
It's hard for me to believe that carpets in a private home turned rental would ever have that much life left for that age carpet. Maybe if home remained private, that might be true.
The other piece is IRS says carpets in rentals are fully depreciated 5-9 years. Would that not be the more accurate guideline how much value/useful life left in carpet???
Also keep in mind she is trying to charge me for replacement in **shared common** areas by total of 3 tenants.
She also scheduled replacement of entire home well before I gave notice. Which I assume means she at least put deposit down for upstairs carpets installation (not covered by insurance) and was planning on paying for them herself.
I just happened to plan my move-out week before upstair carpets due to be installed.
And the facts go beyond even above.
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