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Christopher B, Esq
Christopher B, Esq, Attorney
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You searched for "I CA, If one has a 1 year lease, can landlord require that tennant produce a reciept proving the carpets were cleaned, or is it considered normal 'wear and tear?". Read more: http://www.justanswer.com/archives/search-solr.aspx?q=I%20CA%2C%20If%20one%20has%20a%201%20year%20lease%2C%20can%20landlord%20require%20that%20tennant%20produce%20a%20reciept%20proving%20the%20carpets%20were%20cleaned%2C%20or%20is%20it%20considered%20normal%20'wear%20and%20tear%3F##ixzz3dh53nN00
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today.
Remember this answer is for informational purposes only and does not create an attorney-client relationship.
Of course, you need to look to your lease for any specific language regarding the cleaning of carpets and any requirements and if included these would control in the situation.
1950.5. (a) This section applies to security for a rental agreement
for residential property that is used as the dwelling of the tenant.
(b) As used in this section, "security" means any payment, fee,
deposit, or charge, including, but not limited to, any payment, fee,
deposit, or charge, except as provided in Section 1950.6, that is
imposed at the beginning of the tenancy to be used to reimburse the
landlord for costs associated with processing a new tenant or that is
imposed as an advance payment of rent, used or to be used for any
purpose, including, but not limited to, any of the following:
(3) The cleaning of the premises upon termination of the tenancy
necessary to return the unit to the same level of cleanliness it was
in at the inception of the tenancy. The amendments to this paragraph
enacted by the act adding this sentence shall apply only to tenancies
for which the tenant's right to occupy begins after January 1, 2003.
(e) The landlord may claim of the security only those amounts as
are reasonably necessary for the purposes specified in subdivision
(b). The landlord may not assert a claim against the tenant or the
security for damages to the premises or any defective conditions that
preexisted the tenancy, for ordinary wear and tear or the effects
thereof, whether the wear and tear preexisted the tenancy or occurred
during the tenancy, or for the cumulative effects of ordinary wear
and tear occurring during any one or more tenancies.
According to the state of California in http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml
"1. Costs of cleaning
A landlord may properly deduct from the departing tenant's security deposit to make the rental unit as clean as it was when the tenant moved in.
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.
The The landlord is allowed to deduct from the tenant's security deposit only the reasonable cost of cleaning the rental unit.242
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. 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.
One common method of calculating the deduction for replacement prorates the total cost of replacement so that the tenant pays only for the remaining useful life of the item that the tenant has damaged or destroyed. For example, suppose a tenant has damaged beyond repair an eight-year-old carpet that had a life expectancy of ten years, and that a replacement carpet of similar quality would cost $1,000. The landlord could properly charge only $200 for the two years' worth of life (use) that would have remained if the tenant had not damaged the carpet.
So to answer your question and according to the information I have quoted, the landlord must compare the condition of the carpet when you as the tenant moved in to when you as the tenant moved out. "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." So no it is not considered wear and tear per se but the cleanliness of the carpet must be similar to what is was when the tenant moved in. "large rips or indelible stains justify a deduction from the tenant's security deposit for repairing the carpet". If none of this exists then the landlord should not require a receipt proving the carpets were cleaned.
I hope this fully answers your question and if so please positively rate this thread.
Expert:  Christopher B, Esq replied 1 year ago.
I see you have reviewed my answer. Do you have any further questions? Please positively rate my answer as it is the only way I am compensated for my time.

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