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.



Posted by: David Cowgill