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We do require carpets to be clean and if they are not... we charge unless we have planned to replace.
I see no law in CA that disallows such a clause in a lease. I believe in CA you can't deduct from the security deposit for arbitrarily cleaning carpets and drapes but what's said is that such deductions can't be made, "For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in ..."
If the carpets were professionally steam cleaned before the tenant moved in, then surely the LL can stipulate in the lease that they be likewise cleaned upon move-out?
Stipulate it in your lease that a carpet cleaning charge will be assessed when tenant leaves.
Many states don't allow LLs to deduct for carpet cleaning. They can put it in their lease all they want but it isn't going to do them any good. They can not deduct it from sec dep. I agree that the carpets should be vacuumed however, they do not need to be shampooed.
OP is in CA so it is not allowed:
A landlord cannot routinely charge each tenant for cleaning carpets, drapes, walls, or windows in order to prepare the rental unit for the next tenancy. Instead, the landlord must look at how well the departing tenant cleaned the rental unit, and may charge cleaning costs only if the departing tenant left the rental unit (or a portion of it) less clean than when he or she moved in. Reasonable cleaning costs would include the cost of such things as eliminating flea infestations left by the tenant's animals, cleaning the oven, removing decals from walls, removing mildew in bathrooms, defrosting the refrigerator, or washing the kitchen floor. But the landlord could not charge for cleaning any of these conditions if they existed at the time that the departing tenant moved in. In addition, the landlord could not charge for the cumulative effects of wear and tear. Suppose, for example, that the tenant had washed the kitchen floor but that it remained dingy because of wax built up over the years. The landlord could not charge the tenant for stripping the built-up wax from the kitchen floor....
And just to clarify: 2. Carpets and drapes - "useful life" rule
Normal wear and tear to carpets, drapes and other furnishings cannot be charged against a tenant's security deposit.[SIZE=2]243[/SIZE] Normal wear and tear includes simple wearing down of carpet and drapes because of normal use or aging, and includes moderate dirt or spotting. In contrast, large rips or indelible stains justify a deduction from the tenant's security deposit for repairing the carpet or drapes, or replacing them if that is reasonably necessary. California Tenants - California Department of Consumer Affairs
I see no law in CA that disallows such a clause in a lease. I believe in CA you can't deduct from the security deposit for arbitrarily cleaning carpets and drapes but what's said is that such deductions can't be made, "For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in ..."
If the carpets were professionally steam cleaned before the tenant moved in, then surely the LL can stipulate in the lease that they be likewise cleaned upon move-out?
Well, what you are saying is that the LL could deduct for tenant not steam cleaning the carpet because it was steam cleaned when they moved in, which makes no sense because they can't deduct for carpet cleaning. So your analogy makes no sense.
Well, what you are saying is that the LL could deduct for tenant not steam cleaning the carpet because it was steam cleaned when they moved in, which makes no sense because they can't deduct for carpet cleaning. So your analogy makes no sense.
I did not say it would be a deduction from the security deposit.
I did not say it would be a deduction from the security deposit.
What is this?
"If the carpets were professionally steam cleaned before the tenant moved in, then surely the LL can stipulate in the lease that they be likewise cleaned upon move-out?"
(the only thing I am not sure about is your question mark at the end of that sentence so I can't tell if you were asking a question if they can do that or making an actual statement)
Either way, how can the LL stipulate in their lease that the carpets must be cleaned if the state law won't allow it to be enforced by deducting it from the sec dep if the tenant does not steam clean the carpet? The lease does not override a state law.
So if the tenant does not steam clean the carpet when they move out then what do you propose the LL is going to be able to do about it if they can't deduct the cost for steam cleaning the carpet from the sec dep?
"If the carpets were professionally steam cleaned before the tenant moved in, then surely the LL can stipulate in the lease that they be likewise cleaned upon move-out?"
(the only thing I am not sure about is your question mark at the end of that sentence so I can't tell if you were asking a question if they can do that or making an actual statement)
Either way, how can the LL stipulate in their lease that the carpets must be cleaned if the state law won't allow it to be enforced by deducting it from the sec dep if the tenant does not steam clean the carpet? The lease does not override a state law.
So if the tenant does not steam clean the carpet when they move out then what do you propose the LL is going to be able to do about it if they can't deduct the cost for steam cleaning the carpet from the sec dep?
I was asking a question in the hopes that someone with better knowledge than I would be able to provide an answer.
I am suggesting that although in CA routine cleaning of carpets is not permitted to be deducted from the security deposit, it may not be illegal to stipulate in the lease that the tenant agrees to have the carpets professionally steam-cleaned when vacating the unit. If the tenant failed to do so (obviously receipts would be required) then it's possible that the charges for doing so could be deducted from the security deposit since it was a stipulation in the lease that the cleaning be done as opposed to an arbitrary deduction.
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