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 ask a tenant to clean the carpet?
California rental laws state that the landlord is in charge of carpet cleaning and replacing charges and should not ask anything from the tenant. Some incidences require the tenant to incur cleaning costs, such as when the carpet has excessive damage, which is beyond the normal wear and tear.
How long does a landlord have to replace the carpet in California?
For example, under California rental laws guidelines, a carpet’s useful life span is ten years. After ten years, a landlord must replace the carpet if the tenant has not caused abnormal damage to it. When Does California Law Restrict Landlords From Charging Tenants For Carpet Cleaning?
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 withhold a security deposit for carpet cleaning in California?
California rental laws consider basic carpet cleaning as part of normal wear and tear hence prohibiting landlords from withholding tenants’ security deposit in such an incidence. Provided the carpet does not exceed normal cleaning rates as per professional cleaners, it has normal damage.
Can landlord insist on professional carpet cleaning?
Tenancy agreements may contain a clause requiring a tenant to use a professional cleaning service. But while this is not binding on the tenant, if the property is not clean at the end, then the landlord or agent can make a claim for the costs of cleaning as damages.
How often should a landlord 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.
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.
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.
Do I have to pay for carpet cleaning when I move out California?
A landlord CANNOT require a tenant to pay for carpet cleaning in advance of moving. Any payments in excess of rent are considered security deposits ATCP 134.02(11). Withholding that money would be considered a withholding from a security deposit, which is illegal absent "unusual damage".
Can a landlord charge for cleaning in 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.
Do tenants have to pay for professional cleaning?
The short answer is no. In fact, according to the Tenant Fees Act 2019, a landlord cannot legally charge tenants for end of tenancy cleaning services.
What can a landlord charge for when you move out California?
If you are the tenant and intend to move out (and you pay rent once a month), you have to give your landlord 30 days' notice in writing. If you do not, the landlord can charge you for the unpaid rent even after you move out. Unless a new tenant pays the rent, you will have to pay for those 30 days.
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.
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.
How do I know if my carpet is moldy?
The easiest way to detect mold in carpet is to smell the carpet to see if it has a bad odor. If it does, look for visible signs of mold on the top and bottom of the carpet, like black, green, or white growth. Experiencing bad allergies can also be a sign that your carpet has mold in it.
3 attorney answers
It depends on whether or not you provided for cleaning and repairs in the lease agreement. Speak with the tenants. You are responsible for the habitability of the premises. But, they may be willing to chip in if they know if they do not, you'll use the deposit for cleaning when they move out.
Jon Martin Pettis
No. You can ask the tenants if they all agree. However, unless there is some provision in a lease or rental agreement on this issue, you cannot just invoice each of them for carpeting cleaning while they are still residents there.
Frank Wei-Hong Chen
It depends. If you are talking about just sending them an invoice to clean the carpet while the tenants are still occupying the leased premises, then it will depend on what your lease says. Absent a lease provision, there is no statutory authority that permits you to invoice a tenant for carpet cleaning while they still occupy the premises...
Richard Leigh Boyer
No. There is no law that compels a LL to clean the carpet for each new tenant. It is something you should negotiate with the LL before signing the lease.
Frank Wei-Hong Chen
I agree with Attorney Boyer. There is no such law, but now would be the best time to negotiate with the landlord.
James Michael Slominski
While I cannot give you legal advice in this forum, I am unaware of any law that requires the landlord to clean the carpets. If you cannot negotiate a resolution of this issue before you move in, you need to document the issue very well so that when you move out, the landlord doesn't try to stick you with excess cleaning charges.
Are You Allowed to Remove Carpet in a Rental?
You’re usually not allowed to make any alterations to your rental property. But that’s not just because the property belongs to someone else. Renovating or remodeling a rental home is also a waste of money because you don’t get to take any of the changes with you.
Should a Landlord Replace the Flooring? If So, When?
Landlords have every right to leave the flooring in your home alone as long as it’s safe. And most rental contracts are based on an as-is principle, which means you take what you get. That’s why you should walk through the home before agreeing to rent it for any length of time.
Should Landlords Clean Carpets?
Yes, landlords should try to keep their properties habitable. In many states, it’s illegal for a property manager to neglect cleaning residences between tenants. So, make sure your place is ready before moving in because most landlords charge for carpet cleaning upfront via a damage deposit.
Can You Get Out of Paying for Carpet Cleaning After a Move?
Under certain circumstances, you can get out of having to pay for carpet cleaning after you move. However, those cases are rare and generally rely on landlord negligence. And this is another reason why tenants do a walk-through before they sign a rental agreement. It’s the perfect time for them to find flaws in the property and cover their bases.
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:
Do you have to pay for carpet cleaning when you move out?
Your lease requires that you pay for it when you move out. Your lease states that you must provide a receipt showing that you had the carpets cleaned. Your lease says that you must pay for carpet cleaning when you move in. Your lease says that the cost of carpet cleaning will be deducted from your security deposit.
Is carpet cleaning a landlord's responsibility?
Answer: No. Because routine carpet cleaning is not a statutorily-imposed obligation of a landlord, assigning this responsibility to a tenant through a contractual provision does not render a rental agreement void.
Can a landlord deduct 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. ATCP 134.06 (3) (c) states that "a landlord may not withhold from tenant's security deposit for routine painting or carpet cleaning, ...
Can a landlord withhold a security deposit?
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)
Can landlords charge for 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.
Can you deduct carpet cleaning from a security deposit?
Finally, I note that the permissibility of provisions requiring tenants to arrange or pay for carpet cleaning at the termination of their tenancy does not mean that landlords can deduct carpet cleaning charges from the security deposit of a tenant who has failed to comply with such a provision. Under your agency's present rule, ATCP 134.06 (3) (c), landlords are expressly prohibited from withholding security deposits "for normal wear and tear, or for other damages or losses for which the tenant cannot reasonably be held responsible under applicable law." The accompanying note cites carpet cleaning as an example of an impermissible basis for withholding a portion of a security deposit. My conclusion that carpet cleaning provisions are valid does not affect the prohibition against deducting carpet cleaning expenses from a tenant's security deposit as a means of enforcing such provisions.
What happens if carpet is damaged in rental unit?
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 ...
What are the responsibilities of a tenant in California?
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.
How to evict a tenant without a contract?
How to Evict Tenants Without a Contract & California Laws. Most landlords require that tenants pay a security deposit before they can move into the rental unit . This deposit is held by the landlord and may be used to cover any costs associated with damage a tenant might do to the unit. The most common dispute between landlords ...
What is normal wear and tear on 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. 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. Additionally, tenants cannot be held responsible for defects in the carpet that existed before they moved in.
How to show fair wear and tear on carpet?
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. You can use the photos to show fair wear and tear if the landlord does not return your 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 beyond regular normal wear and tear, which is permitted by law. Tenants are responsible for all damage they cause and any damage caused by their pets or guests. Examples of carpet damage include ground in ...
Do you have to pay a security deposit to replace carpet in California?
Laws on Carpet Replacement in California & Renter's Rights. Most landlords require that tenants pay a security deposit before they can move into the rental unit. This deposit is held by the landlord and may be used to cover any costs associated with damage a tenant might do to the unit.