California Apartment Association

Legal Q&A: Must I professionally clean the carpet before new tenant moves in?

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?

Ted Kimball
Kimball, Tirey & St. John LLP

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.

Question: Can I give a rent increase anytime during the month or just on the first day of the month?

Answer: If you have a month-to-month tenancy with the tenant, you can serve a written 30-day notice (or 60-day notice if you are increasing the rent more than 10 percent within the last 12 months) to increase the rent at any time of the month.

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.