California Apartment Association

Legal Q&A: Responsibility for keeping the carpet clean

Question: We have an excellent single resident in one of our units. She has requested to move a troubled friend with relationship problems in with her for a couple of months. What legalities do I need to consider and what additional and/or new forms do I need to have filled out and signed?

Ted Kimball
Kimball, Tirey & St. John LLP

Answer: You could have the additional occupant qualify as a resident and sign the current lease as a tenant. This would protect you in the event the occupant remains and the resident moves out.

Question: Can a three-day notice be served for the cost of damage to the unit caused by a resident? A 5-year-old flooded an upstairs carpeted room, resulting in carpet repair and drywall repair of the ceiling downstairs. The standard lease form in effect clearly provides for the tenant to pay in this circumstance.

Answer: So long as your lease does not provide otherwise, you can serve a three-day notice to perform conditions or covenants in writing demanding the resident pay for the repair.

Question: Who is responsible for keeping the carpet clean? The tenant or the owner?

Answer: The tenant is responsible for leaving the premises, including the carpet, in the same state of cleanliness that existed at the time they first 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.