Cleaning the carpet could keep tenant happy on Home Services

Dec

Cleaning the carpet could keep tenant happy

posted by home in Carpet Cleaning

Q: My tenant of the last three years enclosed a note with her rent payment asking for me to have the carpet in her unit professionally cleaned.

I am clear about certain responsibilities of a landlord, i.e. when her furnace needed replacing, I replaced it; when a leak appeared under her front door, I purchased a new door and had it hung; when my tenant discovered rodent droppings in her unit, I immediately ordered a monthly pest control service as well as making sure all openings where a rodent could gain access were plugged. All of these things were attended to at no expense or inconvenience to my tenant.

However, I feel that cleaning her carpet is her responsibility. Furthermore, if she were to return the property to me at the end of her lease with dirty or stained carpet, I should be able to deduct the cost of professional cleaning from her security deposit. In the case of carpet cleaning, whose responsibility is it?

Tenant’s attorney Steven Kellman replies: For most things in renting situations, there is certainly no harm in asking, including making a request to have the carpets cleaned. You seem like a responsible landlord who attends to maintenance issues in a prompt manner. That is, of course, commendable.

Here your tenant simply asked for a professional carpet cleaning trading on her three years of being a good tenant. Unfortunately for her, she is not legally entitled to carpet cleaning services because that is her responsibility. She must remove the dirt she brings into the unit.

The situation may be different if the carpet is so old that cleaning is difficult and a professional may be needed or maybe the carpet is in such bad shape that no amount of cleaning would help.

You may wish to keep a good tenant happy to prevent a vacancy because if she moves you will need to have them cleaned anyway. Perhaps a sharing of costs would be appropriate. Although most likely you are not obligated to have her carpet cleaned, you should consider her request with the above factors taken into account and do the right thing for you and her.

Landlord’s attorney James McKinley replies: Steve is correct that you are not legally obligated to clean the carpet. Most leases require the tenants to keep the premises in good order and condition, and cleaning the carpet would normally be the tenant’s responsibility.

As a landlord, you are responsible to maintain the premises so that they are fit for occupation. Residential property is deemed untenable if it lacks certain standard characteristics, such as effective waterproofing and weather protection of roof and exterior walls; plumbing maintained in good working order; a water supply capable of producing hot and cold running water; heating facilities maintained in good working order; electrical lighting; building and grounds kept clean and sanitary; adequate receptacles for garbage; and floors, stairways and railings maintained in good condition.

While you may have no legal responsibility to clean the carpet while your tenant remains in possession of the unit, there may be other reasons to consider cleaning the carpet. You stated that she has been a tenant for three years, and assuming she is a good tenant and pays the rent on time, you probably want to keep her as a tenant.

If the carpet is not cleaned, she may move. You may want to clean the carpet on the condition that she signs a new lease or agrees to an increased rent.

The authors are property manager Robert Griswold and attorneys Steven R. Kellman, director of the Tenants’ Legal Center, and James McKinley, of Moffitt & Associates, a law firm that represents landlords. Send questions to Rental Roundtable, 5703 Oberlin Drive, Suite 300, San Diego, CA 92121-1743.