In Pennsylvania, can I legally put a clause in the lease agreement requiring the tenant(s) to professionally clean the unit and steam clean the carpets before vacating, regardless of condition, as part of the lease? I am having trouble finding the laws online of what can lawfully be included in a lease in terms of tenant obligation.
You can put anything you want in the lease and - as long as it's not forbidden by law - it should be enforceable. If you professionally clean the unit and steam clean the carpets prior to occupancy, then you can require the tenant to do the same after moving out.
Caution: make sure you have funds on hand to cover this when they forget or choose not to do it. If you have a $1,400 deposit, but it costs $400 to clean carpets and $300 to clean the house, that only leaves $700 to cover unpaid rent, repairs, or other expenses.
If I did not do any of those things prior to the tenant moving in though...?
If you did not have the place professionally cleaned and steam clean carpets, in my opinion it would be $hitty for you to expect this of the tenant.
You can put anything you want in the lease and - as long as it's not forbidden by law - it should be enforceable. If you professionally clean the unit and steam clean the carpets prior to occupancy, then you can require the tenant to do the same after moving out.
Caution: make sure you have funds on hand to cover this when they forget or choose not to do it. If you have a $1,400 deposit, but it costs $400 to clean carpets and $300 to clean the house, that only leaves $700 to cover unpaid rent, repairs, or other expenses.
You can put anything you want in the lease and - as long as it's not forbidden by law - it should be enforceable. If you professionally clean the unit and steam clean the carpets prior to occupancy, then you can require the tenant to do the same after moving out.
Caution: make sure you have funds on hand to cover this when they forget or choose not to do it. If you have a $1,400 deposit, but it costs $400 to clean carpets and $300 to clean the house, that only leaves $700 to cover unpaid rent, repairs, or other expenses.
If I did not do any of those things prior to the tenant moving in though...?
@Sydney Guzman As long as your state law allows for it, then yes you can write it into your lease. If this is not something you had in place for the current tenants, then you may need to cover it after they leave and then going forward require it. We have it in our lease as well as part of our office policies. We require tenants have a professional carpet cleaning (truck mounted system; no store rental machines allowed). We also require a copy of the carpet cleaning receipt upon move-out as proof. We don't require professional house cleaning but do let them know that if they do not do an adequate job, we reserve the right to get it done and deduct from the deposit. We also have a ballpark price list on our check-out form so tenants know the potential costs upfront and plan accordingly.
You’re going to have to google your state. Simply googling what states don’t require tenants to steam clean carpets came back with Florida does, if it’s in the lease, while Texas and Wisconsin don’t have to, regardless of what’s in the lease. The rest you google separately. Make sure you find the statute allowing for anything you plan to charge for since many states award triple the amount to the tenant if you’re wrong. Nothing like giving the tenant $1,000 for not doing something.
I don’t see how you could require them steam cleaned if you didn’t do it before they moved in. Sounds like you’re requiring them to be returned in better condition than when rented to them?
You can put anything you want in the lease and - as long as it's not forbidden by law - it should be enforceable. If you professionally clean the unit and steam clean the carpets prior to occupancy, then you can require the tenant to do the same after moving out.
Caution: make sure you have funds on hand to cover this when they forget or choose not to do it. If you have a $1,400 deposit, but it costs $400 to clean carpets and $300 to clean the house, that only leaves $700 to cover unpaid rent, repairs, or other expenses.
If I did not do any of those things prior to the tenant moving in though...?
If you did not have the place professionally cleaned and steam clean carpets, in my opinion it would be $hitty for you to expect this of the tenant.
I have received differing advice from other landlords and was unsure, hence my question.
Also, if I were to charge a non-refundable pet deposit, when a tenant vacates, should I be taking any cleaning fees out of that first vs. the refundable deposit? Like if they had a $400 non-refundable pet deposit and carpet cleaning and regular cleaning cost $325, and their regular deposit was $1k, should they get back $1,025? Or would the amount back be different?
I have received differing advice from other landlords and was unsure, hence my question.
Also, if I were to charge a non-refundable pet deposit, when a tenant vacates, should I be taking any cleaning fees out of that first vs. the refundable deposit? Like if they had a $400 non-refundable pet deposit and carpet cleaning and regular cleaning cost $325, and their regular deposit was $1k, should they get back $1,025? Or would the amount back be different?
The non-refundable pet deposit sounds like a fee, so I would deduct cleaning fees from any regular deposit the tenant paid
I have received differing advice from other landlords and was unsure, hence my question.
Also, if I were to charge a non-refundable pet deposit, when a tenant vacates, should I be taking any cleaning fees out of that first vs. the refundable deposit? Like if they had a $400 non-refundable pet deposit and carpet cleaning and regular cleaning cost $325, and their regular deposit was $1k, should they get back $1,025? Or would the amount back be different?
The non-refundable pet deposit sounds like a fee, so I would deduct cleaning fees from any regular deposit the tenant paid
If the language says "non-refundable deposit" could it be argued legally that this is not the same if the word "fee" is not actually in there?
You can do that but I wouldn’t recommend it. They would most likely rent a cheap carpet cleaner from a local grocery store that leaves a lot of water in your carpet and your place smelling bad, its best to let the professionals do that. You could put a clause in your lease that states you will hire a professional to clean the carpets and that cost will deducted from their security deposit.
Hey Sydney. We've been doing this a long time and yes, you can put in your lease that tenants are required to steam clean and can even state that it has to be a company (versus renting a steam cleaner from home depot/walmart). I also want to say, that if you don't do it before they move in though, that is crappy. You can rent a cleaner from walmart for under $100 and you can do it yourself if you want and even the company's aren't that expensive. Remember, what you put into the property goes a long way. The less you do to keep up with it as preventative maintenance and care the more it will cost you in the long run. Not to mention if you give tenants an unclean place they will most likely return it that way regardless of what is in the contract.