Stained carpet - Tenant Responsible?

Question

My first tenant in my first rental moved out today after 3 years. Generally speaking, the inside of the house is pretty filthy. There was little to no effort put into cleaning before they were out, so we’ve got some work to do before we list the property for rent again.

I realize that we can’t take money out of their deposit due to lack of cleaning. However, the condition of the carpet in the bedrooms is well beyond “wear and tear”. There are significant stains, mostly just dark spots but some areas appear to have paint on them, and I’m not sure they are salvageable. They will either need the attention of a professional carpet cleaner or possibly replaced altogether.

The question I have is: Would I have the right the use the tenant’s deposit to pay for the cleaning or replacement?

Colleen F. · Answer

@Jeremiah Williams Yes.   you can charge them for cleaning.  Useful life of carpet is 7 years so for replacement you would need to do the % damaged x useful life left.    I would clean them and charge for cleaning. Show it on your deductions from the deposit returned per local law.

Bruce Woodruff · Answer

Why do you think you can't charge them for the overall condition of the place? Of course you can. Document everything with pictures in case they go to Small Claims....

Scott M. · Answer

Whoa, wait one second "I realize that we can't take money out of their deposit due to lack of cleaning" - is that specified in the or others documents somewhere?  Because unless you have the "shoot yourself in the foot" clause, of course you can.

Assuming you have photos when the tenant moved in and now, you can charge for cleaning and the carpet assuming it is beyond wear and tear.  Large stains, paint spills is beyond wear and tear.

And when you replace it, don't use carpet, use LVT/P or something else with longer durability then carpet.  More expensive upfront but cheaper in the long run.

Will Barnard · Answer

As others stated, you can absolutely charge for cleaning costs unless your contract (lease agreement states otherwise) or unless your state laws state otherwise.

Document everything in writing with photo and video for evidence. Then quote the lease agreement for the violations to explain the charges you are applying to their security deposit. Consult with your RE attorney if need be as I am not an attorney and the above is not to be construed as legal advice.

Bruce Woodruff · Answer

Sounds like you may be able to keep the whole deposit......just document as mentioned....

Jerry Lucker · Answer

Most of my tenants over 20 years have beat up my properties pretty good. I charge good rents, require steep security deposits, schedule regular inspections, take incoming and outgoing photos, videos, and descriptions, and hold the tenants responsible for every item. Landlording can be challenging but can pay very well.

Patrick Page · Answer

Of course you can deduct general cleaning and carpet cleaning from the security deposit. As others have mentioned, make sure you have photos (move-in photos and move-out photos as proof) and provide receipts for the cleaning so the tenant can see the costs that are being deducted from the security deposit.

We make sure to add into the lease that on move-out the house needs to be in the exact condition it was handed over at move-in. This includes language about professional cleaning & carpet cleaning, gutter cleaning, chimney cleaning, etc. We make sure to take move-in photos to ensure we know the condition of the house and use this to compare to the condition at move-out.

Jeremiah Williams · Answer

I appreciate all of the responses. Based on the feedback, my assumption was that the tenant wasn’t responsible for the cleaning was obviously wrong which I’m glad to hear. In fact, I’ve since reviewed the lease which states that the tenant is required to leave the property in “clean and good order” and even mentions cleaning the fridge and stove which they did not, so I should be covered. As I mentioned, this is the first tenant that I’ve had to move out so I consider it a good learning experience. Thanks again.

Stained carpet - Tenant Responsible?

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