Q: If a steam cleaning carpet company can’t clean a carpet damage from bleach spots can a landlord charge a tenant?
My tenants claim the carpet damage is normal wear and tear. I’m withholding applicable amount of carpet replacement quote from security deposit. A professional carpet cleaning company said the carpet can not be steam cleaned and is damaged to what appears to be bleach sprayed in numerous areas. Would this constitute damage and not normal wear and tear? Carpet is just shy of 3 years old from being newly installed. I gave my tenants notes from steam cleaning company stating they can’t clean sue to bleach stains and carpet would have to be re-dyed or cut. I also gave tenants quote for carpet replacement and they stated they don’t have to pay or would only pay 20% due to California Law. The carpet is damaged and I wouldn’t think they would pay for replacement due to damage and not being able to have it cleaned.
A:
Under California law, landlords can withhold from the security deposit for damages that exceed normal wear and tear. Bleach spots on the carpet are generally considered damage rather than normal wear and tear. Normal wear and tear refer to the natural deterioration of the property over time due to everyday use, whereas bleach spots suggest a specific, damaging action has occurred.
If a professional carpet cleaning company has determined that the carpet cannot be cleaned due to bleach damage and requires dyeing or replacement, this would typically support the argument that the damage is beyond normal wear and tear. You've taken appropriate steps by providing notes from the cleaning company and a quote for carpet replacement to your tenants.
Regarding the claim that tenants are only responsible for 20% of the replacement cost due to the carpet's age, California law does allow for depreciation of items like carpets over time. However, the exact amount a tenant is liable for can depend on the specific circumstances, such as the lifespan of the carpet and the extent of the damage. It may be beneficial to seek legal guidance to ensure you're acting within your rights and responsibilities as a landlord in this situation.
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