California Landlord Tenant Law Regarding Carpet Replacement

In california a lease exists whenever there is an oral or written agreement to exchange rent for inhabiting a property.

California landlord tenant law regarding carpet replacement. Carpet can be at the center of a dispute between a landlord and their tenant s and can even lead to litigation. If the condition of a residential tenant s apartment unit is creating a health or fire hazard the landlord should take. Under california landlord tenant guidelines a carpet s useful life. According to california law ca civil code 1940 1954 05 under a lease tenants have certain rights such as the right to a habitable dwelling due process for evictions and more landlords also have rights such as the right to collect rent and to collect for property.

A this section applies to security for a rental agreement for residential property that is used as the dwelling of the tenant. How do we get rid of tenants who have filthy units they always pay on time. If the carpet originally cost 1 000 and had a life expectancy of 10 years the depreciation charge would be 100 per year. Landlord s responsibilities in california regarding appliances and carpets.

B as used in this section security means any payment fee deposit or charge including but not limited to any payment fee deposit or charge except as provided in section 1950 6 that is imposed at the beginning of the tenancy to be used to. Thus if the tenant s damage cheated three years out of the carpets life the landlord under california law could only hold the tenant responsible for 300. If the carpet in a rental property is excessively dirty or damaged the landlord can deduct the cost from the security deposit. Should the landlord choose to repair or replace the carpet anyway the tenant may be made to pay for the cost of the same.

In other words landlords bear the cost of the routine carpet cleaning when a tenant moves out. California state law limits how much a landlord can charge for a security deposit usually two months rent but after january 1 2020 no more than one month s rent when the landlord is renting to a service member when it must be returned within 21 days after a tenant moves and sets other restrictions on deposits. As an exception to the above no state requires the landlord to replace repair damaged carpet if the damage to the carpet has been caused by the tenant. Under california law a residential landlord who accepts partial payment of rent demanded on a three day notice is required to serve a new notice for the balance owed.

Even if no damage to the rental property carpet has occurred age and normal wear eventually triggers the need for replacement. As a result it is imperative to be aware of your rights and responsibilities.