May 28 2008
Can tenants withhold rent?
My tenant hasn't paid rent this month. They said I need to clean their carpets or they will not send in rent. Is this legal?
In short, under most circumstances a tenant can not withhold rent over what we would refer to as "preferential" or "courtesy" items. There are circumstances where a tenant can withhold rent or pay for a repair in lieu of rent, but when these situations occur it usually relates to habitability of the home or an emergency. Not having clean carpets isn't an emergency or a condition that makes the home inhabitable under typical situations.
However, if the renter had a sewer or plumbing emergency and the carpet was soiled due to this problem and you have not addressed the repair or cleanup, that is a matter that would fall into the "habitablity" aspect. On the othe rhand, if your renter has lived there six months and doesn't like the condition carpets due to their own living habits and thinks you should clean up after them, it's not a viable complaint.
In any tenant-landlord situation we recommend you consult with an experienced manager or real estate attorney so you are aware of how the law applies to your particular situation. If you need a referral, let us know. You can also visit the California Apartment Association online at www.caanet.org and they provide some free information on common situations.
