Legal Q&A: Carpet needs replacing after just one year

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Question: I need to know the depreciation schedule of new carpeting in a home where the tenant lived for one year. The tenant put five cigarette burn holes in the carpet and spilled wax on the corner of this brand new carpet.

Answer: California’s security deposit law found in Civil Code Section 1950.5 states that the resident is responsible for damage above normal wear and tear. If the carpet needs to be replaced after one year and it should have lasted for five years, most judges will allow you to charge the resident 4/5 of the total replacement costs.

Question: After serving a tenant with a three-day notice to pay rent or quit, what is my next step if the tenant does not comply? Serving a 30-day notice?

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