Can landlords charge for carpet cleaning?

Question

We currently only have one rental property. When we first bought it we had the lease written up by a lawyer and it included that the tenant had to professionally clean the carpets when they moved out. We are now getting push back from a tenant that we cannot legally do this. I’m finding conflicting answers. Does anyone know if this is true or not? (Rental property in WI). Thanks!!

Joe Splitrock · Answer

Here is the specific WI clause which states it is legal to have a clause in your lease requiring the tenant cover the cost of carpet cleaning. It is illegal to take the carpet cleaning expense out of their deposit should they not do it. So they are required to do it, but if they don't then you cannot deduct from security deposit. Your recourse for compensation is small then small claims court:

(c) Normal wear and tear. This subsection does not authorize a landlord to withhold any amount from a security deposit for normal wear and tear, or for other damages or losses for which the tenant cannot reasonably be held responsible under applicable law.

Note: For example, a landlord may not withhold from tenant's security deposit for routine painting or carpet cleaning, where there is no unusual damage caused by tenant abuse.

Note: A lease may include a contractual provision requiring the tenant to pay for routine carpet cleaning. OAG 4-13. Even if the lease includes the permitted provision, the cost for routine carpet cleaning may not be collected by the landlord in advance because all prepayments in excess of one month's rent must be treated as “security deposit." Even if the lease includes the permitted provision, a landlord may not deduct the cost of routine carpet cleaning from the security deposit, which cannot be withheld for normal wear and tear under sub. (3).

Sean O'Gorman · Answer

Emily, where in Wisconsin is the property located (county specifically)? While charging for carpet cleaning above normal wear and tear is acceptable. Taking the chance your tenant takes you to court on it is simply not worth the cost, IMO. If you want to charge for it in the future always take detailed pictures of the carpet before tenant takes possession and then of course taking damage picture(s) when the tenant moves out just in case the withholding is challenged. I have had some pretty bad carpet damage (iron burns in the carpet) in a place I have in Milwaukee, only to have the commissioner tell me that that was normal wear and tear - no joke. Same for rips.

Chad Nagel · Answer

https://datcp.wi.gov/Documents/LT-LandlordTenantGuide497.pdf

Casandra M. · Answer

NO - you unfortunately cannot unless the tenant has caused unusual wear and tear, regardless of the lease statements. This is a common misconception that just because a lease states something, a tenant has to do. There are certain provisions in place in Wisconsin law that overrides anything you put in the lease.

Here is a great resource that full explains and gets updated frequently to reflect any recent changes in law: http://www.tenantresourcecenter.org/carpet_cleaning

Nathan Gesner · Answer

You can do anything you want. The real question is: are you able/willing to defend the charge in court?

You can only charge for cleaning and repairs beyond ordinary wear-and-tear. You will have to show the dirt is beyond ordinary and that professional carpet cleaning is necessary.

The tenant agreed to this when they signed the lease. However, it may not be worth going to court over it. I would hit them for every justifiable penny and let the carpet cleaning go.

Craig Montesano · Answer

If they don't have it done, per the lease, I'd have it done and take it out of their security deposit.

Gregory Chadwell · Answer

You can’t charge for carpet cleaning unless it’s well beyond normal wear and tear also it has to be put in your non-standard rental provisions when you sign a lease with the tenant that you will charge them for carpet cleaning

Brett Kash · Answer

@Emily Gilson

My personal take is that perhaps you could legally do it (jury is out) but is it really the right thing to do? If there is unusual wear and tear then sure but if it’s a part of turnover costs it strikes me as a bit egregious. I personally would just plan on it as a turnover cost and if there is lots of staining and damage then consider replacing as a deduct from the security deposits. Just my 2 cents.

Anthony Solis · Answer

This is the exact purpose of a lease. They knowingly signed the lease, I would hold them accountable. They really should have no arguement on this one, if it was such an issue to begin with why did they not bring it up before hand?

@Emily Gilson

Casandra M. · Answer

After a second look it looks like it's illegal to take charges for it out of the security deposit. You can require it as part of your lease on a special provision, but you would have to sue to recover the cost (can't take any of it from a deposit) - the site I provided also outlines this.

Can landlords charge for carpet cleaning?

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