Legal Q&A: Who's got to clean the carpet? – California Apartment Association

Legal Q&A: Who’s got to clean the carpet?

October 8, 2013

Question: How long do I have to mail the tenant the itemized security deposit?

Answer: You need to send an accounting for the use of the security deposit within 21 days from the date you took back possession. If you do not have all of the amounts or receipts in time, you should give the tenant an estimate and then send the final amount within 14 days after you receive the final amounts and/or receipts.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: I have a lease with a tenant that terminates next month, and he has been given notice that the lease is not being renewed. If he does not vacate, do I serve a three-day Notice to Quit for Breach of Covenant?

Answer: You do not have to serve any notice to quit for a tenant who holds over on a fixed-term lease unless you have an automatic renewal clause in your lease.

Question: Is there a state law that requires a landlord to professionally clean a carpet prior to reoccupancy?

Answer: No, however the tenant is obligated to leave the premises in the same state of cleanliness that the carpet was in when she moved in.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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I recently needed to take a few hours of classes to complete my Recertification as a CAA California Certified Residential Manager. I found it very convenient to do this through on demand classes at my office. The classes are well done and gave great education to further my property management skills. I even registered my maintenance team to listen to some of the classes. It benefited us all.
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