Generally speaking, the law does not permit landlords to charge renters for carpet cleaning. But, at the same time, there are situations where it allows a property owner to deduct carpet-cleaning costs from a tenant’s security deposit.
Can a landlord deduct carpet damage in California?
California law also permits a landlord to deduct for the repair of damage to the rental unit, including carpet damage, as long as the damage is not normal wear and tear, which is permitted by law.
Can a landlord deduct carpet cleaning costs from a security deposit?
For example, if a tenant left the carpet stained, dirty, and/or ripped, then the carpet would be damaged beyond normal wear and tear and the landlord could deduct carpet cleaning costs from the security deposit.
Is it the landlord’s responsibility to clean carpets?
Based on these, it is the landlord’s responsibility to clean the carpets in a rental, as long as the rug only suffers from normal wear-and-tear. However, if the damage is deemed to be the result of a tenant’s negligence, the tenant must pay for the cleaning of the carpet.
Is a tenant responsible for carpet depreciation?
For example, if the carpet had a 10-year life expectancy, but due to tenant damage had to be replaced after just seven years, the tenant is only responsible for the useful life of the carpet that has been lost. If the carpet originally cost $1,000 and had a life expectancy of 10 years, the depreciation charge would be $100 per year.
Can a landlord charge for carpet in California?
Under California law, unless the carpet is visibly damaged and that damage is not the result of normal wear and tear, the landlord cannot hold the tenant responsible for the damage or the cost of replacement for the carpet.
Can landlords deduct money for cleaning?
Your landlord can still deduct from your deposit to cover the cleaning bill if the property is not cleaned to its level and can prove it, though. So, it's still important to clean the property thoroughly before you move out.
Can landlord charge for cleaning California?
In California, a landlord is allowed to charge a cleaning fee. This should cover the costs of cleaning services to bring the unit back to the same level of cleanliness it was in when the tenancy started. The information for this answer was found on our California Security Deposit Law answers.
What is considered normal wear and tear on carpet in California?
Generally, “ordinary or normal wear and tear” is the unavoidable deterioration of a unit resulting from normal use by the tenant. A repair issue warranting a deduction is typically damage that was avoidable and negligent, and not due to simply living in or using the property.
How often does a landlord have to replace carpet in California?
eight to 10 yearsUnder California landlord-tenant guidelines, a carpet's useful life is eight to 10 years. Then the cost of replacing the carpeting would have to be prorated over a 10-year period. The cost of replacing the carpet after 10 years is the responsibility of the landlord.
What does end of tenancy cleaning include?
End Of Lease Cleaning Checklist Dusting and vacuuming carpets, rugs and upholstery. Cleaning and polishing windows, mirrors and any glass surface. Vacuuming and mopping hard floors. Dusting and wiping hard surfaces.
What can a landlord deduct from a security deposit in California?
A landlord can deduct from the tenant's security deposit:The cost of fixing any damages to the property caused by the tenant or the tenant's guests. ... The cost of cleaning the unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in (less reasonable wear and tear).More items...
Can my landlord charge me for painting in California?
A landlord can only deduct from the deposit for damages. If you move out of a rental property after 10 years, don't allow the landlord to deduct the cost of paint and carpet from your deposit — it's against California law.
What a landlord Cannot do California?
The 2019 passage of California Senate Bill No. 644 prohibits landlords from charging active duty military security deposits exceeding the amount of one month's rent for an unfurnished apartment and two months' rent for furnished apartments.
Do landlords have to replace carpet in California?
The only time a landlord must replace the carpet is if it somehow affects the health or safety of the tenants, such as if the carpet is moldy, unsanitary or ripped. The law does not govern aesthetics, so even if the carpet is stained or old, as long as it is in fair condition, the landlord does not have to replace it.
How often do landlords have to paint in California?
In California, landlords don't have to repaint unless they're doing so to resolve an issue like lead paint. You can ask to have your apartment's interior walls repainted when they become faded, marred by smoke or have other damage. Your landlord may not have to honor the request, though.
Who is responsible for carpets in rented property?
A good quality carpet in rental property should last for about 10 years with normal wear and tear. When a carpet wears out and it has not been damaged by the tenant, the landlord is usually responsible for replacing it.
2 attorney answers
Frank Chen is correct. The management company should examine the condition of the property before they attempt to deduct from your security deposit.
Gregory James Glaser
A security deposit may be used for cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved.
California Renter Responsibilities
Under California law, tenants are required to leave the rental unit in the condition they found it. If the tenant vacates the apartment in any other condition, the landlord can use a portion of the tenant's security deposit to cover the costs associated with having the rental unit cleaned.
Wear and Tear
California law permits normal wear and tear on a carpet. Examples of normal wear and tear include the natural wearing down of carpet from regular use, normal aging and furniture marks in the carpet.
Damage and Replacement
If the carpet in a rental unit is damaged and must be replaced, the damage the tenant is responsible for must be prorated appropriately. For example, if the carpet had a 10-year life expectancy, but due to tenant damage had to be replaced after just seven years, the tenant is only responsible for the useful life of the carpet that has been lost.
Avoiding Disputes
Before you move into the rental, it’s a good idea to do a walk through with the landlord or property manager. Take photos of the carpet to evidence the condition it is in when you move in. Sign and date the pictures and give copies to the landlord.
When Landlords Should Not Charge a Tenant for Dirty Carpets
In most cases, landlords should not charge tenants for a standard carpet cleaning. Because carpet cleaning is part of the overall turnover costs, that is usually covered by the landlords.
When Landlords Should Charge a Tenant for Dirty Carpets
If the carpet in a rental property is excessively dirty or damaged, the landlord can deduct the cost from the security deposit. Sometimes landlords will discover tenant abuse of the carpeting that is considered unusual damage.
Who pays for carpet cleaning tenant or landlord?
The landlords we associate with usually charge for excessively dirty carpet if the lease provides for it and their state allows it. Most agree that landlords are responsible for a standard carpet cleaning. They consider that normal wear and tear.
The general guidelines
This is one of those times where there is no clear-cut answer, and each case has to be judged by its merits. Yet there are a few guidelines that can help both landlords and tenants know where their rights end and the other party’s rights begin.
The verdict
Based on these, it is the landlord’s responsibility to clean the carpets in a rental, as long as the rug only suffers from normal wear-and-tear.
When the carpet is not adequately cleaned at tenant move-out
When a tenant vacates an apartment, the carpets are required to be returned to their original condition at the time of tenant move-in. In most states, the landlord cannot dictate what measures the tenant takes to return the carpets to their proper shape.
When the lease agreement requires it
In some states, it’s illegal for landlords to demand that an apartment’s carpets be professionally cleaned before a tenant moves out of the rental. But in some states, including this clause in the lease agreement is permitted.
What Can and Cannot be Deducted from my Security Deposit?
To clarify this point, here are some examples of things that landlords could deduct from a security deposit, meaning that the damage went beyond normal wear-and-tear:
What happens if my Full Security Deposit is not returned?
You have moved out of your old apartment or rental house and are settling into your new place when part of your old security deposit shows up with no explanation for the deductions. What are you to do?
What Can I do to ensure that I get all of my Security Deposit Back?
There has been a recent trend in renting and security deposit laws that allows a tenant to request a move-out inspection from the landlord in order to maximize the return of the security deposit.
Have Questions About Security Deposits? Talk to an Attorney
Depending on the amount of your security deposit, there could be a significant amount of money at issue when a landlord refuses to pay. Figuring out what to do when that happens will involve a close examination of your lease and the circumstances of your tenancy.
The Real Deal with Carpet Cleaning
According to the Department of Agriculture, Trade and Consumer Protection, landlords CANNOT charge for routine carpet cleaning - during the lease or from a security deposit-no matter what your lease says. Your landlord cannot legally deduct from your security deposit, even if:
When Can a Landlord Charge for Carpet Cleaning?
A landlord may only withhold from a tenant's security deposit for painting or carpet cleaning where there is "unusual damage" caused by "tenant abuse". ATCP 134.06 (3) (c)
What Can I Do if the Landlord is Trying to Make Me Pay for Routine Carpet Cleaning?
Write a letter to the landlord explaining that they cannot deduct routine cleaning according to ATCP 134.06 (3) (c), that there have to be damages that are beyond "normal wear and tear" in order to charge for it.
What Impact Does the Attorney General's Opinion have on Carpet Cleaning?
The Attorney General's opinion may be found here. The Attorney General was asked two questions which were answered as follows:
