Secruity deposit returned or withheld?

Profile picture for auctionsaver

I am looking to buy a house this summer.  I am currently leasing a rental for $725 per month.  When I moved in on 9/1/03, I paid my first months, last months and a security of $1225. 
I have been a pretty good tenant in that I always paid my rent on time.  Throughout this time, she has pretty much left me be and hasn't raised my rent since 2003. 
I have maintained it pretty well.  Repainted it once on my own.  The thing is that I had a cat that decided that the commercial carpet was a scratch post.  It will need to be replaced in the living room and stairs.  Though they are in great shape, the bedrooms and hallway would have to be unless matching carpet was available.  I am thinking it will run 800-1600 depending how much she has to replace.  Then again, perhaps it can be repaired.
I am just wondering if I would get my security deposit back when I move due to depriciation.  When I moved in, I know the carpet was atleast 2 years old as the previous tenant lived there 2 years (the landlord was telling me how the person had iguana and it smelled) and the carpets were obviously used.  One area had a slight burn mark in the shape of an iron.  It also was loose and had to be restretched.
As the carpet would be 10 years old, I am thinking my part of the replacement costs should be little to none because of depreciation and normal wear and tear.

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March 14 2011 - Lansdale
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Answers (3)

Profile picture for droopyd
In the state of California, landlords are required to pro rate the cost of replacing carpet based on the length of your tenancy. No amortization schedule is provided in the civil codes, but 3 years is generally used. Once you've been in a rental for that period of time, you cannot be charged for replacing the carpet, regardless of the condition.

Paint, on the other hand, has a statutory life of 2 years, as a comparative example.
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March 15 2011
Profile picture for auctionsaver
I didn't consider moving until this year.  I did thinking about asking to have the carpet replaced this or next year anyway.  The only thing that held me back was for of having to basically pay for it in a "rental increase".

Seems most carpet has a lifespan of 10 years.  Would it be best to arrange a walk-through and directly ask about the security at the time of walk-through?

With the exception of the stairs (top two are scratch to all heck), the other damages are not visible as I use fluffy area rugs.  The biggest damage is a 8 foot run that was cause by my vacuuming it once.  I there was a pull in the carpet, by the d@$$ cat, and it caught on the spinner and well you can imagine. I stopped it as soon as I saw it happening, but it didn't stop until about 8 feet I guess.

The only thing that worries me is since it is commercial grade (like used in offices) would be that it might have a longer lifespan.

Then again, I could just be worrying too much as I usually do.
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March 15 2011
Profile picture for PhilipARoy
Hello,

Based upon a Tenancy that long, your Landlord should refund all of your deposit. A typical rental business plan calls for carpet replacement every 5 years.
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March 14 2011
 

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Profile picture for droopyd
QuestionSecruity deposit returned or withheld?
  • Latest answer by droopyd
  • March 15 2011
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