Deposit deductions · Carpet
Can my landlord charge me to replace the carpet?
The short answer
Every deposit statute we have checked bars deductions for normal or ordinary wear and tear. The question for carpet is whether the condition is wear from ordinary living or damage, and, if it is damage, what share of an ageing carpet's cost is fair.
Work out a prorated estimate
Age when you moved out2 years
new12+ yrs
Use the age of the item, not of your tenancy. Your move-in report or lease may say when it was installed.Source type: tax scheduleIRS Publication 527, Table 2-1: carpets, 5 years (GDS) and 9 years (ADS). Recovery periods for depreciating carpets used in a residential rental, for tax purposes. A tax schedule, not a lifespan. Pre-filled with 5 years; change it if your lease, the manufacturer or your state says otherwise.irs.gov/publications/p527
Enter what you were charged.
How it's worked out: charge × (useful life − age) ÷ useful life. It is a prorated estimate using a useful life you can see and change; your state, your lease or a court may treat the charge differently. Most deposit statutes we've read exclude normal or ordinary wear and tear; your state's page quotes its rule.
Useful life: what we can cite
| Range | Source type | Source |
|---|---|---|
| 5–9 years | tax schedule | IRS Publication 527, Table 2-1: carpets, 5 years (GDS) and 9 years (ADS) Recovery periods for depreciating carpets used in a residential rental, for tax purposes. A tax schedule, not a lifespan. |
See the full useful-life table and how Fair Charge works.
What your state says
- Wear and tear in California
- The landlord can't claim for ordinary wear and tear, damage that preexisted the tenancy, or the cumulative effects of wear and tear (§1950.5(e)(2)(A)).
- Itemization
- An itemized statement with copies of bills, invoices or receipts, and photographs, for deductions over $125; a good-faith estimate if repairs can't be finished in 21 days.
Sources
- IRS Publication 527, Table 2-1: carpets, 5 years (GDS) and 9 years (ADS)
- Cal. Civ. Code §1950.5(h)(1) (wear and tear)
- Tex. Prop. Code §92.103, §92.107 (wear and tear)
- N.Y. Gen. Oblig. Law §7-108(1-a) (wear and tear)
- RCW 59.18.280 (wear and tear)
Information, not legal advice. A prorated estimate is not a legal limit on what can be charged.