Tenant hired bad cleaning company that damaged property

New York, NY · Member since 2015 · 10 posts · 0 votes

Hi, this is in California.

Per our lease, the tenants were supposed to leave the property in the same condition it was found (minus wear and tear).

We agreed to let the tenants hire a company for deep cleaning and carpet cleaning.

The cleaning company used the wrong chemicals to clean dirty spots and have damaged the carpet in several places (seems like permanent damage). I have tried to reach out to this company several times to fix the mess but they are not answering.

Am I wrong to assume the tenants are on the hook for this? They have asked me to pursue resolution with the company directly, and to return security deposits. I plan on withholding security deposits until they fix it.

Thank you.

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Alan Pederson

Investor · Kennedale, TX · Member since 2016 · 219 posts · 349 votes

I would definitely keep their deposit until this is resolved.

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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
7y
They hired the company, they should be pursuing this. The company should have insurance to cover the damage.
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Alan Pederson
Investor · Kennedale, TX · Member since 2016 · 219 posts · 349 votes
7y
I would definitely keep their deposit until this is resolved.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
7y
Charge the tenants for the repair. It's the tenant's responsibility to pursue the cleaning company.
Are you sure it was the cleaning company and not the tenant? It's not uncommon for tenants to try and remove a stain using bleach. It's very uncommon for a professional cleaning company to make that kind of mistake.
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Lynn McGeein
Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
7y
Follow CA landlord/tenant laws as you likely only have x days to list all damages and return the balance, so send proper notice, list the damages and retain the funds or you may not be able to keep any of it if proper and timely notice isn't given. If it's more than their deposit, I include an invoice for the balance with the notice. If the carpet is more than 5 years old, however, you may have trouble keeping any damages if they contest it as it's likely considered obsolete. If a tenant damages a carpet after 3rd year, for example, we charge them 2/5 of replacement cost as that is the remaining life of the carpet they damaged, now needing replacement. We've been upgrading flooring during turnovers, eliminating carpet as it's just a pain.
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Andrew B.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
7y
All that matters is that you provided the unit in one condition, and they returned the unit in a damaged condition. They hired the company, its their expense to fix. Any reimbursement should be between them and the cleaners.
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Cassi Justiz
Rental Property Investor · Edmond, OK · Member since 2017 · 1k+ posts · 1k+ votes
7y
If they hired the company and paid for the service, it's on them to pursue action from the company. You had nothing to do with the agreement they made with the company. They received the house in one condition and returned it in a different condition. Technically what happened in between really doesn't matter.
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