I have an addendum to the standard RTA that includes following the condo bylaws, no pets, etc. One of the clauses is that the carpets are cleaned by a professional carpet cleaning company after vacating the premises. Human nature being what it is, new tenants really appreciate that the carpet was professionally cleaned before they moved in -- but they sure as heck grumble about it on the way out!
I thought that the clause was all I needed. If they didn't do it, I had it cleaned and deducted it from the damage deposit. However, I found this gem on this legal services site:
http://www.slsedmonton.com/userfiles/file/Landlord%20Tenant.pdf
On page 6/7, it states:
The Residential Tenancies Act says that a tenant cannot agree to waive or release any rights, benefits, or protections that the Act gives to the tenant. This means that if a tenancy agreement includes something that the Act does not allow, the tenant will not be bound by that part of the tenancy agreement. For example, a landlord cannot force a tenant to steam clean the carpets if there is no damage to the carpets beyond "reasonable wear and tear" as stated in the Residential Tenancies Act s.46(5). However, the tenancy agreement could stipulate that the landlord can exact $150.00 extra in the last month of rent. This rent can be used as the landlord sees fit and could, for example, be used to clean the carpets.
Although this was produced by STUDENT legal services, their work was overseen by a lawyer. This seems weird -- "Wear and tear" is different than "cleaning." Besides, no amount of steam cleaning is ever going to restore a carpet from "normal wear and tear."
Has anyone else gone before the Residential Tenancy Dispute Resolution Service (RTDRS) about this one? Thanks!
I thought that the clause was all I needed. If they didn't do it, I had it cleaned and deducted it from the damage deposit. However, I found this gem on this legal services site:
http://www.slsedmonton.com/userfiles/file/Landlord%20Tenant.pdf
On page 6/7, it states:
The Residential Tenancies Act says that a tenant cannot agree to waive or release any rights, benefits, or protections that the Act gives to the tenant. This means that if a tenancy agreement includes something that the Act does not allow, the tenant will not be bound by that part of the tenancy agreement. For example, a landlord cannot force a tenant to steam clean the carpets if there is no damage to the carpets beyond "reasonable wear and tear" as stated in the Residential Tenancies Act s.46(5). However, the tenancy agreement could stipulate that the landlord can exact $150.00 extra in the last month of rent. This rent can be used as the landlord sees fit and could, for example, be used to clean the carpets.
Although this was produced by STUDENT legal services, their work was overseen by a lawyer. This seems weird -- "Wear and tear" is different than "cleaning." Besides, no amount of steam cleaning is ever going to restore a carpet from "normal wear and tear."
Has anyone else gone before the Residential Tenancy Dispute Resolution Service (RTDRS) about this one? Thanks!