Legal Question in Real Estate Law in California
Security Deposit Reduction for Carpet Cleaning
I lived at my apartment from Nov 1997 through Nov 2001. I had heard that after a tenant had lived in an apartment for three or more years, the landlord was required to replace the carpet. I was charged for carpet cleaning out of my security deposit.
My questions is ''Is the landlord required to replace the carpet, or am I obligated to pay to have it cleaned?''
Thank you
3 Answers from Attorneys
Re: Security Deposit Reduction for Carpet Cleaning
They are not required to replace the carpet. In most leases, you are required to leave the premises (including carpet) in as clean a condition as when you moved in.
They are allowed to charge you for cleaning, if the carpet was not as clean as when you moved in,but not for normal wear and tear.
Re: Security Deposit Reduction for Carpet Cleaning
The landlord is not required to replace carpet.
The terms of your lease would govern responsibility for cleaning, including carpet cleaning. The most usual provision is that the tenant is responsible for all wear, dirt, damage, etc. beyond 'normal wear and tear.' Some leases also provide a specific cleaning fee to be assessed at move-in or move-out.
If the lease contains no specific provision, the tenant is responsible for the reasonable cost to restore the premises to an acceptable degree of cleanliness suitable to the requirements of a typical new tenant. This is a pretty vague standard and results in a lot of disputes.
The chances are the landlord would win this dispute in court, if the cleaning charge was not excessive.
Re: Security Deposit Reduction for Carpet Cleaning
There is no law I am aware of requiring the landlord to replace the carpet. YThis is a matter of contract law - and depends on what is said in your contract. You should be responsible for cleaning while you are a tenant, unless the written lease says otherwise. If you want new carpet, perhaps you could make a deal with the landlord to get a longer term at no increased or lower rent and you will pay for the new carpet. Never hurts to try. Merry Christmas.