Legal Question in Landlord & Tenant Law in California

Chimney cleaning

We leased our rental home about 5-6 yers ago. There was nothing in the aggremen about chimney care. The first year the tenant requested a cleaning of the chimney. We agreeded to pay. They are asking again. Is it our responsability or theres. They uded the chimeny is not there responcability to clean it just as they would clean dirty carpet,and change dirty air filters ?


Asked on 11/04/07, 7:27 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Chimney cleaning

Your reasoning sounds plausible. It can also be argued from the tenant's perspective. Try to work out a sensible solution, such as "I paid last time, you pay this time. Next time, we'll split it." Or, perhaps they'll agree not to use the fireplace.

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Answered on 11/04/07, 7:51 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Chimney cleaning

Rarely do I disagree with Mr. Cohen, and, actually, I think this is the first time.

However, unless there is a provision in the lease, routine maintenance and cleaning is normally done by the tenant. Major repair is the landlord's responsibility.

I think this is tenant's responsibility, just as cleaning a bath tub would be, or the kitchen sink.

Since there is nothing in the written lease, and tenant has used the chimney, I think the tenant should pay.

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Answered on 11/04/07, 9:09 pm


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