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Re: Security Deposit - Landlord Forum thread 351723

Re: Security Deposit by Katiekate (New York) on April 18, 2017 @17:44

                              
Usually the carpets are written off on a 7 year depreciation. Since they are capital items...the landlord writes off 1/7th of the capital investment each year from taxes. Therefore...the judges consider the landlord as having been completely repaird after 7 years.

I do not know what state you are in...but the SOL in small claims court ranges from 2-3 years in every State I have been in. 45 day in barely enough time to even get the deposit reconciliation from you in the mail. Check with the actual state law.

And..as was pointed out..you cannot charge for anything other an actual demonstrable damages against the deposit. Be prepared to bring copies of all your receipts to back up your claim of damages. Judge will want to see the original receipt for the carpet and installation, as well as the current receipt for the repair...replacement. You can claim the unused portion of the depreciation... somif the carpet was purchased 3 years ago...the 4 years remain...you can charge 4/7th of the original cost for the destroyed carpet....
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