Landlord not returning security deposit and asking to cover extra cost

[kayals]

Life expectancy of carpet and appliances is a great point. I did some research and articles also say the same about the law. Before moving in Jan 2016 we requested the landlord/realtor to replce the carpet as they were old and dated. They did not honor the request. The color of the carpet was green. I was surprised that none of the houses in our neighborhood had carpet in the main level(living and dining room) except ours. The picture they sent us in the recent claim letter shows a picture of hardwood floor in a pretty bad condition, and I guess that was reason to put a cover up with a cheap green carpet.
I think my lawyer will also state the same points you mentioned. The first question itself will be - When was was the date of installation for all the appliances and carpet before we moved in. Since we lived for 5 years 9 months the depreciation value is not worth for claims. I am preparing all documents, photos and email exchange for my lawyer tomorrow. Do you advise certain questions to put to my lawyer apart from local real estate laws?
Thanks.

 

[Gail in Georgia]

A good argument might be that the wear and tear on a rental where a tenant resided for almost six years is going to be different (perhaps more significant) than from a tenant who only resided there for, say, one year.

Whether this is wear and tear or damage would be up to a court to decide.

 

[kayals]

One lawyer advised me to stay put at the moment and see whether they take me to the court. Another lawyer suggested to reply them saying I have contacted real-estate lawyer and say what reasonable and what's not reasonable to be deducted from security deposit, mentioning carpet lifespan. If they don't agree let them take me to the court.