Legal Question in Real Estate Law in California

Do I owe to clean normal wear for carpets

It seems that every rental contract now requires tenants to clean carpet professionally before vacating and to provide proof of doing so. My question is - if only normal usage/wear of carpet exists, must I incurr professional cleaning cost? There were quite--name removed--few preexisting stains prior to my taking posesion of property. Is it leagal, since it states in the contract they reserve the right to do so, for the landlord/property manager to withhold funds from my deposit if I don't have professional cleaners shampoo the carpets?


Asked on 4/16/02, 2:16 pm

3 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Do I owe to clean normal wear for carpets

Carpets by their nature are a cess pool of unpleasant stuff. So if the carpet doesn't look as good (or smell as good) as when you moved in rent a unit and steam (wet) clean your apartment's carpets yourself. Take lots of pictures when you move out. Hopefully you took pictures when you moved in.

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Answered on 4/16/02, 7:59 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Do I owe to clean normal wear for carpets

You are not required to have carpets cleaned professionally. You must, however, return the unit (including the carpet) in the same condition as you received it, excluding normal wear and tear.

Hopefully, you did a walk through with the landlord when you moved in, and noted any stains to the carpet. Otherwise, it is your word against theirs.

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Answered on 4/16/02, 2:48 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Do I owe to clean normal wear for carpets

Whether you are required to use or pay for a professional carpet cleaner depends upon the language of your lease; it isn't automatic.

Dirt, and hence the need for cleaning, is not the same as 'wear and tear.' It is assumed the carpet will become somewhat more worn during a tenancy. On the other hand, it is not assumed that it will get dirtier, so increased dirtiness is not part of normal wear and tear and your obligation is to restore the carpet to the same state of cleanliness as it was at the beginning of your tenancy.

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Answered on 4/16/02, 3:39 pm


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