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Rental damage and depreciation

Question:

Hi,
I have been renting a house for the last 9 years; over time, certain things got damaged and would need to be replaced before the landlord gets a new tenant. For example, the carpet has very bad stains.
I looked up US law and according to HUD, carpet is only supposed to last 5 years in reusable condition. In fact, the IRS has a deduction over 5 years as they asses that is the lifetime of the investment.
Another US law is that even if something is damaged, you only prorate the cost over the years because the renter paid for the use.
For example, a Refrigerator according to HUD lasts 10 years; therefore, if someone leaves after 5 years and damaged the appliance, one would only pay 50%. After 9 years, only 10%
Are the two laws above something that would be considered by a dayan-both because they make sense and because a landlord has in mind what the common US law is?

Answer:

Hello,

Without hearing the other side of the story, it is not possible to give a full answer. However, in general, unless it is specifically written in the contract, the tenant has the right to take off from the value of depreciation from the furniture. This is why you are paying rent, for the right to use the furniture, and the depreciation of the furniture and the apartment, because of its use. Exactly how to calculate this, that would depend on the local customs and laws.

Best wishes

 

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