Posted by TenantNet on December 16, 1998 at 12:07:25:
In Reply to: Re: HELP - Security Deposit Issues posted by DK on December 07, 1998 at 15:57:54:
: The landlord's claim sounds dubious to me. Unless the agreement was different, the usual interpretation of a security deposit is damage that is more than "ordinary wear and tear." I wouldn't pay anything, but if the landlord sues you in small claims court, be sure to counterclaim for the security deposit already owed to you. The issue will be whether the damage was more than ordinary wear and tear.
Both painting and carpet fall under ordinary "wear and tear." LL are required to paint at their opwn expense every three years, or sooner if it needs it. Carpetswear out over time. Unless they can prove (and the operative word is that it's their obligation to prove) there wwas extraordinary damage to the carpet, then it's regular wear. The walkthrough should be used as a presumption there was no extraordinary damage to the carpet. Also, the owner must establish economic damages. What was the carpet worth when new and he must deduct the depreciated value from when it was new.
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