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July 18, 2006

Carpet Cleaning and Security Deposit Deductions

Posted by Sina Shekou   Comments (2)

Can a landlord legally deduct the charge for a carpet steam cleaning from a tenant's security deposit?

An interesting article from the San Francisco Chronicle tackles this interesting topic:

Tenant's attorney Steven R. Kellman replies: Carpet dirt is actually a foreign matter which is brought into the home, deposited on and then worn down inside the carpet. Since this seems to be a normal use of a carpet, many tenants confuse this with normal wear and tear.

Most judges will rule that dirt is simply not wear and tear even if the dirt is worn into the carpet through normal use. So, even though common sense dictates that the normal use of a carpet will leave it with some dirt of everyday life, the courts do not agree.

Therefore, it appears that the landlord can have the carpet cleaned with steam when you leave and charge it to your deposit.

Landlord's attorney Ted Smith replies: Courts rule for the landlord on this issue for good reason. On entry into possession, the carpet is given to the tenant in a clean and shampooed condition. On vacating, vacuuming is not enough.

California's security deposit laws make it clear that the residual dirt that cannot be vacuumed out is an item above ordinary wear and tear and a reasonable cleaning charge. Therefore, so long as the landlord's carpet shampooing cost is reasonable, it will be allowed in most courts.

Propertyware's Opinion: Avoid any room for debate when a tenant moves out by specifically spelling out in the lease agreement your policies regarding steam cleaning carpets. You might even want to give the name of your preferred vendor for steam cleaning in the Tenant Handbook provided to a new tenant. This might encourage the tenant todo the steam cleaning themselves before moving out.



Features

Very interesting article Sina. What about this scenario: A tenant is moving out and hires his own cleaning service thinking he'd get his full cleaning deposit back ($250). The tenant didn't clear the cleaning service with the landlord nor was the job satisfactory enough. The landlord had to bring in his cleaning service to properly clean the unit. The landlord deducts $125 cleaning fee from the tenants $250 cleaning deposit. The tenant is upset because he already cleaned the unit and wants to take the matter to small claims court and get the $125 of their deposit back. How will this play out in court?

Posted by: David Cowgill

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So sina is it legal for a landlord to charge tenants a cleaning fee before they even move in?and if so why is that?

Posted by: Deema

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