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.
Ted Kimball
Kimball, Tirey & St. John LLP
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: I have a tenant who smokes outside his apartment. Can I request he not do that? There have been issues with cigarette butts on walkways and it also affects the tenant’s next door to him as they always close the kitchen window when he smokes.
Answer: You can create a non-smoking policy for all or part of the premises, so long as you are consistent in its enforcement.
Question: I have a roommate situation. One roommate has moved out. Am I required by law to give back half of the security deposit to the one who has moved out?
Answer: California law does not require landlords to return the security deposit to one tenant if they move out before the remaining tenant(s). Landlords are not required to account for the use of the security deposit until after they have recovered possession of the property unless otherwise agreed at the inception of the lease.
Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.