Legal Question in Real Estate Law in California
Cleaning fee charges to tenant
I would like to know if my husband is the manager to his mother's property, and I am not on the lease agreement, when I go to help him clean the house and carpets for new perspective tenants, can I charge an hourly amount to the tenants, only if the house needs the work done. Also, if the carpet was cleaned in Oct. 00 and the tenants gave us a 30 day notice to vacate for Mar. 1st, that's 5 mos when the carpet was cleaned, we would like to refreshen the carpet for the new tenants, is this something we could take from the security deposit if the carpet is slightly dirty or smells. The carpet is only 1 yr old. Should the tenants clean the carpet before they leave to put it in the same condition as they received it, they received it brand new, but it is impossible to get it back to this condition after one year.???
3 Answers from Attorneys
Re: Cleaning fee charges to tenant
Your question depends on where you live. I believe that you cannot as a matter of law, take out a cleaning fee from a "security deposit." I would have to check whether this is applicable to all of California or just L.A. County where my office is located. You certainly have a right to charge a seperate fee for cleaning as the tenants are to leave the premises in the order it was when they leased it except for ordinary wear and tear. I see no problem with your charging; your husband is the manager and can hire you or anyone to clean. Good luck. Contact me directly if you have other legal concerns. (310) 478-2245. [email protected]
Mary
Re: Cleaning fee charges to tenant
Clean the carpet and charge for it if it is dirty. Five months of heavy foot traffic and animals would get it dirty. If it isn't subject to heavy foot traffic, and there are no animals then it might not need recleaning. If the tenants have recleaned the carpet and it doesn't need to be cleaned again. Then you should not charge for cleaning it again.
Re: Cleaning fee charges to tenant
The tenant is responsible to return the unit back to the landlord in the same condition as when it was received, OTHER THAN NORMAL WEAR AND TEAR.
That means that you will not have a new carpet, but you should get one that is clean and free of spots and stains. If they have cleaned the carpets well, then you may not clean them again.
Also, you cannot charge the tenants yourself. You could charge your husband (as manager) and he could deduct from the security deposit if cleaning is necessary. However, the amount must be reasonable. In other words, if someone else will do the job for $100, you cannot charge $150.