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is it legal in california to charge for carpet cleaning and deep cleaning of a apartment home

by Stacey Harvey Published 2 years ago Updated 1 year ago

In California, landlords are never given the right to charge for cleaning except for a special case where the tenant has effected serious damage to the carpet beyond normal wear and tear. Then, the tenant s security deposit will be used to effect the repairs.

According to the Department of Agriculture, Trade and Consumer Protection, landlords CANNOT charge for routine carpet cleaning - either during the rental term or from a security deposit - no matter what the lease says.

Full Answer

Can a landlord charge for carpet cleaning in California?

In California, landlords are never given the right to charge for cleaning except for a special case where the tenant has effected serious damage to the carpet beyond normal wear and tear. Then, the tenant s security deposit will be used to effect the repairs.

Who is responsible for carpet cleaning when you leave an apartment?

Some may argue that the tenant who makes use of the apartment should bear the responsibility of carpet cleaning since he has been in charge of the rental units for a couple of months, if not years. But in the same context, others may also claim that the landlord is to take responsibility for cleaning the carpets since they are leaving.

Does a landlord have to pay for carpet replacement?

They may have to pay for a replacement if the carpet is damaged beyond usual wear and tear. 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.

Do tenants have to clean carpets when they move out?

During move-out, tenants should leave carpets in their original condition as they found them during their move-in, except in cases of normal wear and tear. 4. The law states that tenants should cater cleaning charges if the carpet undergoes abnormal wear and tear in both states.

How much can a landlord charge for cleaning in California?

Generally, a professional cleaning company can clean an empty unit for $200, including shampooing the carpet. Deductions for damage are only permitted if you caused them and they are beyond normal wear and tear.

Can landlords make tenants pay for professional cleaning?

The short answer is no – your landlord can't force you to pay for a professional to clean your property at the end of your tenancy for any new tenancies.

Are cleaning fees legal 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.

Can a landlord bill you for cleaning?

Landlords can claim money for cleaning from the tenancy deposit under certain circumstances. In fact, whilst cleaning standards can be subjective, it is the most common claim made by a landlord for a deduction from the deposit.

Should tenant pay for professional cleaning?

Is professional cleaning required at the end of tenancy? Many tenancy agreements have historically included a “professional cleaning clause”, which states that the tenant must pay to have the property professionally cleaned at the end of the tenancy.

What is included in end of tenancy cleaning?

End Of Lease Cleaning ChecklistDusting 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.Cleaning inside and out all kitchen appliances and cabinets.Scrubbing bathtub, toilet and sink.More items...•

Can a landlord charge you for Carpet Cleaning in California?

According to the Department of Agriculture, Trade and Consumer Protection, landlords CANNOT charge for routine carpet cleaning - either during the rental term or from a security deposit - no matter what the lease says.

How often does a landlord have to clean 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.

What are renters rights in California?

Tenant Rights and Responsibilities According to California landlord-tenant laws, tenants have the right to live in safe, habitable rental units, as well as sue the landlord for retaliation, withhold rent for failure to provide essential services, recover attorney's fees, and more.

What can a landlord deduct from deposit?

What are the common reasons for deposit deductionsUnpaid rent at the end of the tenancy.Unpaid bills at the end of the tenancy.Stolen or missing belongings that are property of the landlord.Direct damage to the property and it's contents (owned by the landlord)Indirect damage due to negligence and lack of maintenance.More items...

Who pays for end of tenancy clean?

In 90% of the cases, the tenant must clean the property before leaving it. However, this is explicitly stated in the contract or by oral agreement with the landlord. Therefore, cleaning companies always comply with the specific tenancy deposit.

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.

Can a landlord charge a cleaning fee in Oregon?

With only a very few exceptions, the landlord may not charge any other fees to the tenant. This prohibition includes cleaning fees, for instance; the practice of charging tenants a cleaning fee is no longer permitted.

Can a landlord charge a cleaning fee in NJ?

In New Jersey, a landlord is not allowed to charge a cleaning fee. New Jersey landlords can only charge for repairs that are beyond normal or ordinary wear and tear.

Can a landlord charge for carpet cleaning Minnesota?

Specifically, you can't be charged for routine carpet cleaning or painting. If you've caused excessive damage, however, the deductions are legal.

Can a landlord charge for cleaning in Wisconsin?

In Wisconsin, a landlord is allowed to charge a cleaning fee if the tenant agrees to it in the rental agreement or if the cleaning is required to return the unit to its initial condition past expected wear and tear.

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.

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.

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.

1 attorney answer

First, if you are not in a rent controlled area, you need to look at your original written lease agreement. Assuming there is nothing in your lease agreement on this issue, then the answer would be -- you do not have to hire a professional to steam clean the carpets, and yes you can use photos and video documentation to prove the carpets were clean....

Melissa Cari Marsh

First, if you are not in a rent controlled area, you need to look at your original written lease agreement. Assuming there is nothing in your lease agreement on this issue, then the answer would be -- you do not have to hire a professional to steam clean the carpets, and yes you can use photos and video documentation to prove the carpets were clean....

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.

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.

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 you deduct carpet cleaning charges?

Any carpet cleaning charges they collect in advance must be treated as part of a security deposit, which must be subject to a refund. Deductions cannot include "normal wear and tear.". Essentially, a landlord would have to sue a tenant as a separate matter if they did not pay for routine carpet cleaning required by the lease.

What happens if a tenant pays for a claim by the landlord?

If any tenant pays for such a claim by the landlord, then it is abuse. Everything is bad, and the economy and everybody struggles to survive, so the landlord should not burden the tenant. The house owner did not find any tenant abuse before, and after the tenant moves into the rental apartment, then he has to reason to pay for anything.

What is tenant abuse?

Tenants’ rights reserved that he has no reason to pay any such fee. If any tenant pays for such a claim by the landlord, then it is tenant abuse. Covid 19 has crippled the economy, and everybody struggles to survive, so the landlord should not put his burden on the tenant.

Is carpet cleaning a normal thing?

Remember that routine carpet cleaning is a normal thing and can cause wear and tear. That is not also enough reason for the landlord to enforce any payment on the tenant.

Did landlord find tenant abuse before or after tenant moves into apartment?

Provided the tenant did not course any wear and tear on the building before the tenant moves into the property, he attended the tenant screening with the landlord, and this case was not introduced or brought to his notice. The landlord did not find any tenant abuse before, and after the tenant moves into the rental apartment, ...

Can a landlord charge for carpet?

The landlord has no right to charge for carpet. Even when it is enshrined in the lease agreement, the renter will not pay a dime for the cleaning of the property during the exit. I have never heard of an exit fee in my life. So if the landlord charges the tenant, it would be against the provision of the law. Tenants’ rights reserved that he has no ...

Should landlords replace carpet?

The landlord should quickly replace or repairs the damaged carpets to avoid high costs. Any damage seen should be fixed immediately to avoid pilling them up for future costs. By them, it might become a problem to fix because of the high cost of building materials.

Does small claims court grant a right to a tenant?

Even small claims court does not grant them that right, except for the case of someone that damages the floor. Landlords have the culture of always demanding from their tenant, that would bill their tenant unnecessarily even in the face of trouble, and COVID 19 most landlords do not call.

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.

Do Landlords Have to Deep Clean Between Tenants?

In some states, landlords must deep clean carpets and floors before a new tenant can move into a residence. In other states, it’s up to the tenant and landlord to decide. Either way, nobody wants to move into a dirty home with filthy floors. So, most properties pay for professional carpet cleaning services regardless of who lives in the house.

Can a Landlord Make You Pay for Carpet Cleaning?

A landlord can make you pay for carpet cleaning but only under specific circumstances. For example, if you need to clean the carpet before moving in, that’s the property manager’s responsibility. But if you destroy the flooring while you live there, it will be up to you to pay for repairs.

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.

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.

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.

Related Questions

No, landlords do not have to provide tenants with cleaning supplies for their homes. It’s up to the tenant to gather the items needed to keep their house clean. Some landlords may give used appliances to people or allow them to borrow equipment. However, that’s not a guarantee because it’s not a requirement for occupancy.

Who is responsible for cleaning carpets?

In most states, the laws dictate that standard carpet cleaning is the responsibility of the landlord. Considerations also need to be made for normal wear and tear. Only in the cases that excess damage can be proven that the landlord can charge the tenant.

How long does a carpet last?

Age of the carpet-  Ideally, a carpet's lifespan is ten years , partly covered with a warranty. At the end of the ten years, the landlord should explore the options available to get the carpet replaced. A landlord cannot charge a tenant for cleaning and damages if the carpet is nearing the end of these ten years or its estimated lifespan.

What are stubborn stains in a house?

Stubborn stains may include coffee, wine, paint, urine or vomit from pets or children , and much more. If the only way that the landlord can get rid of the stains is by working with a professional carpet cleaner, deciding who pays for the cleaning can come into question.

What is the most challenging part of a landlord and tenant relationship?

The most challenging part of the landlord and tenant relationship is the very end. In the beginning, both are eager to make a good impression. The tenant pays the security deposit and the landlord offers a clean unit. The security deposit is for any necessary repairs when the tenancy or lease agreement comes to an end.

Why do landlords take pictures of rental units?

Photographs– Both the landlord and the tenant should take pictures of the rental unit before the tenant moves in and after they move out. This is important so they can document any existing issues, especially excessive wear and tear, and damages.

What are the assets of a rental property?

This should be the responsibility of the landlord. They include: Fittings and fixtures which include a fridge, dishwasher, microwave, and more. Carpets and additional decorations.

Is a tenant responsible for cleaning costs?

Different tenants have different behavior, with some who will care for the unit, while others will run it down. If the carpet gets torn or has stubborn stains due to tenant use, the tenant is responsible for cleaning costs.

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