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landord charging me for carpet cleaning after 8 years

by Adelbert Johnston Published 2 years ago Updated 1 year ago

The answer is both yes and no. A landlord can charge for cleaning if the carpet is excessively dirty and / or damaged. A landlord cannot charge for routine cleaning.

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 a tenant for carpet cleaning?

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.

What kind of damage can a landlord do to a carpet?

Examples of unusual damage might include serious stains, oil, paint or pet urine that requires a professional carpet cleaner to stay longer and charge more than a routine cleaning. A landlord should definitely withhold the cost of the cleaning from this type of damage to the carpet.

How much does it cost to Steam Clean a tenant's carpet?

The tenant could only be held accountable for one year of normal depreciation that the carpet should have left. The original price of $1,500 divided by the 5-year depreciation period is $300 per year. Steam cleaning carpets is the responsibility of the property owner and must generally be done after a tenant moves out.

Does routine carpet cleaning void a rental agreement?

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.

How often do landlords have to replace carpet in Washington state?

Washington State law does not set out any specific timeframes for landlords to replace carpet or repaint the walls. If there is a repair problem with the carpeting or walls to the extent that there is significant damage, a tenant can ask the landlord to make the repairs through the Steps to Request a Repair above.

How often do landlords have to replace carpet in Colorado?

every 7 yearsSince carpet typically shows more wear than hardwood floor, it's important to know that carpet needs to be replaced every 7 years per The Department of Housing and Urban Development.

How often do landlords have to replace carpet in Florida?

According to the Department of Housing and Urban Development, landlords in Florida are recommended to change the carpet in the apartment or rental unit every seven years.

How often do landlords 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.

Can a landlord charge for carpet cleaning in Colorado?

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.

Can a landlord charge for carpet replacement in Colorado?

Legally, a landlord or property manager cannot charge a resident for repairs considered normal wear and tear. Doing so can end up costing you big time.

Can a landlord charge for carpet cleaning in Florida?

In Florida, a landlord is allowed to charge a cleaning fee if the rental agreement allows the landlord to do so. Without a provision in the agreement allowing cleaning services to be charged, the landlord is not likely to be able to charge cleaning services against the security deposit.

What can a landlord charge for when you move out?

Your landlord can keep money from your deposit if you have caused damage that needs repairing, left the property in a dirtier state than you received it or have not paid rent.

How often should a landlord replace carpets?

10 yearsA good carpet might last up to 10 years, while something cheap could need replacing after just 3 years. It's also common for a landlord to redecorate as a matter of routine at the end of each tenancy. This might just involve a few paint touch-ups or it could mean a fresh, new rug.

Can a tenant be charged for carpet replacement 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.

Does landlord have to pay for new carpet?

When a carpet wears out and it has not been damaged by the tenant, the landlord is usually responsible for replacing it. Obviously, this only applies when the property is rented furnished or semi-furnished with the carpets included in the tenancy agreement. Carpets should only be subject to normal wear and tear.

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.

How often should a landlord replace carpets?

10 yearsA good carpet might last up to 10 years, while something cheap could need replacing after just 3 years. It's also common for a landlord to redecorate as a matter of routine at the end of each tenancy. This might just involve a few paint touch-ups or it could mean a fresh, new rug.

What is considered normal wear and tear on a rental property in Colorado?

In Colorado, normal wear and tear means that deterioration which occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or members of her household, or their invitees or guests.

Are landlords responsible for carpets?

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.

What is considered normal wear and tear in an apartment in Colorado?

Normal wear and tear includes any deterioration that occurs in the general use of the property. It occurs no matter who is living there. All of those small nail holes in your walls from where tenants hung pictures are considered normal wear and tear.

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.

What is normal wear and tear on carpet?

For carpeting, normal wear and tear may include some thinning of the carpet or dirt.

How to ensure that the landlord makes the right decision?

To ensure that the landlord makes the right decision, they need to familiarize themselves with state laws' allowances. Each state will have laws and regulations that guide the landlords on rental practices. Where there is a lack of clarity, a property manager can be consulted.

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.

Why do landlords have to include carpet cleaning?

Some landlords include clauses specifically addressing carpet cleaning or replacement on the lease agreement to avoid security deposit disputes when the tenant is moving out. This ensures that the tenant is fully aware of what is expected of them before signing the lease. However, if the tenant gets the carpets cleaned professionally before vacating the premises the landlord shouldn’t deduct the basic cleaning fee from the security deposit.

How long can you charge for carpet replacement?

In short, if the tenant lived in the property for nine years , you can charge them the entire price for replacing all the carpets in the unit just because of a coffee stain.

What happens if a carpet is dirty?

If the carpet is just dirty then you as the landlord must pay for it to be cleaned. Damage, however, is typically caused by a single action or incident, or repeated misuse. Examples include stains and rips. With serious damage or stains, the landlord has the right to charge the tenant for replacement or cleaning costs.

How long does a carpet last?

The life expectancy of many carpets is about ten years. You ought to keep tabs on the carpet’s life expectancy to know when it is due for replacement. The tenant is not responsible for replacement of the carpet if it has outlived its life expectancy.

Who is responsible for carpet replacement?

If the carpet isn’t permanently damaged the tenant shouldn’t bear the cost of replacing it. Therefore, any carpet cleaning/replacement cost due to normal wear and tear is the responsibility of the landlord and not the tenant .

Should landlords pay for carpet cleaning?

When Landlords Should Pay for Carpets. Under normal circumstances, the landlord should pay for regular carpet cleaning services. These costs are part of the standard turnover expenses. Landlords should budget for these when calculating rental cash flow, to avoid surprises.

Do landlords charge for carpet wear and tear?

This includes discoloration and thinning in areas that see the most foot traffic. By law, landlords may not charge tenants for normal wear and tear. If the carpet is just dirty then you as the landlord must pay for it to be cleaned. Damage, however, is typically caused by ...

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 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.

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.

Can you deduct security deposit on carpet?

Every landlord soon learns to navigate the complexities of the law surrounding security deposits. Even if they want to deduct for dirty carpets, they may not be able to. On the other hand, they can take other measure to ensure that the carpets are not left dirty when a tenant vacates.

Is carpet cleaning a normal wear and tear?

In disputes over security deposits, courts have often considered basic carpet cleaning to be part of normal wear and tear. Some states prohibit landlords from withholding money from the deposit for basic cleaning.

Should landlords charge for carpet cleaning?

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. In disputes over security deposits, courts have often considered basic carpet cleaning to be part ...

Can a landlord withhold the cost of carpet cleaning?

A landlord should definitely withhold the cost of the cleaning from this type of damage to the carpet. They should provide a copy of the receipt in their itemized deductions of the security deposit. Some landlords include carpet cleaning responsibility as part of the lease agreement.

Can a landlord deduct carpet from a security deposit?

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. Examples of unusual damage might include serious stains, oil, paint or pet urine that requires a professional carpet ...

Do you have to clean carpets before moving in?

Carpets in rental units should be cleaned before a new tenant moves in. But can a landlord charge for carpet cleaning? Is it wear and tear? Or the tenant’s responsibility? Many landlords wonder if they can charge a tenant for dirty carpets.

How long does a tenant have to live in a house to replace carpet?

A tenant who has lived in the property for 10 years and has caused no damage to the carpet other than wear and tear has every right to ask the landlord to replace the carpet.

How long does a wall last in California?

Painted walls are expected to have a useful life of two to three years, according to California landlord-tenant guidelines. Generally, the landlord will have the unit painted between rentals, but when you are a long-term tenant, a painting schedule becomes less obvious. Under these guidelines, a tenant who has lived in a rental unit longer than three years would not be charged for the cost of repainting for normal wear and tear. If the tenant caused damages to the walls in the first two to three years that required repainting, the cost of the work is the tenant's responsibility. Therefore, if you have resided in a rental property for 10 years, the landlord cannot charge you for new paint.

Can you charge for new paint if you live in a rental property?

Therefore, if you have resided in a rental property for 10 years, the landlord cannot charge you for new paint. Compare Bank Accounts | SmartAsset.com.

Can landlords charge for carpet?

According to California law, landlords can only charge tenants for carpet and paint under certain conditions. Once you learn whether or not you, as a long-term tenant, will pay those costs, you can pursue the issue with your landlord.

Can you deduct paint and carpet from your rental?

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.

How to get an estimate of the age of a carpet?

If you are planning to have the carpet professionally cleaned, you have another opportunity to get an estimate of the carpet’s age—ask the carpet cleaner. If you can, get them to sign a letter or declaration stating their opinion about the condition and age of the carpet.

How do you determine the approximate age of your carpet?

The landlord inadvertently tipped you off that the carpet would be a problem when you moved in. At that point, you should have casually asked the landlord when the carpet had been installed. Generally, tenants should ask this type of question before moving in and take comprehensive photos of a unit before they unload their furniture.

Why do landlords become vengeful Aladdins?

If all landlords are attracted to a dirty ovens like Sylvia Plath, they become vengeful Aladdins when they suspect that tenants have diminished the magic of the wall-to-wall.

Can you charge a security deposit for carpet wear and tear?

Ordinary wear and tear to carpets, drapes and other furnishings cannot be charged against a tenant’s security deposit . (Civil Code Section 1950.5 (e).) Ordinary wear and tear includes simple wearing down of carpet and drapes because of normal use or aging, and includes moderate dirt or spotting. In contrast, large rips or indelible stains justify a deduction from the tenant’s security deposit for repairing the carpet or drapes, or replacing them if that is reasonably necessary.

Can you repair burnt carpet?

This isn’t legal advice, but I’ve repaired carpets myself. One can do things like carefully trimming off the burned top of the pile on the carpet. Or, cutting out a little piece of the carpet in a closet and gluing it in a small stained area that one has carefully removed like a hair plug. I’m talking small area here, like at most an half an inch square. Don’t try to replace the blood stains from a Goodfellas-style beat down.

Can a landlord deduct appliances from gross income?

Landlords are allowed to deduct the annual depreciation of items like appliances and carpets from gross income for tax purposes. IRS Tax Publication 527 provides information regarding expense deductions, including allowable depreciation schedules, for residential rental property.

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