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I'm trying to find out if Texas has a set depreciate

Customer Question
I'm trying to find...

I'm trying to find out if Texas has a set depreciate timeframe for carpet in a rental property

Lawyer's Assistant: Has any paperwork been filed?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have to respond to a civil suit and believe most of the landlord claims are baseless

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Texas

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 1 minute by:
12/21/2017
Real Estate Lawyer: Ray, Lawyer replied 2 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 45,318
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 2 months ago

No specific law , here are guidelines

Here's a link that may describe what's considered basic wear and tear versus items that would be considered damages

http://rhol.org/rental/WEAR.HTM

Here's another link that addresses carpet

CALCULATING THE ACTUAL COST OF CARPET DAMAGE
http://www.rentlaw.com/repairs/carpets.htm

One common method of calculating the deduction for replacement PRORATES the total cost of replacement so that the tenant pays only for the REMAINING USEFUL LIFE of the carpet the tenant has damaged or destroyed.

For example, suppose a tenant has damaged beyond repair an 8 old carpet that had a life expectancy of ten years, and that a replacement carpet of similar quality would cost $1,000. The landlord could properly charge only $200 for the two years’ worth of life (use) that would have remained if the tenant had not damaged the carpet.

ORIGINAL COST OF CARPET $1,000
Expected life of carpet 10 years
Depreciation charge ($1,000 / 10) $100 per year
Age of carpet 8 years
Carpet Life Years Remaining 10 years - 8 years = 2 years
Value of 2 years Carpet Life Remaining 2 years * $100 per years = $200

Landlord should pro rate here.The example above is fair charge.You have right to dispute here and sue landlord in small claims herein Texas up to $10k.

Small claims forms and self help

https://www.traviscountytx.gov/justices-of-peace/jp3/filing-lawsuit

i appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars at top of page it is much appreciated.

Happy Holidays and good luck here.

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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 45,318
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