You Can Fight (and Avoid) Cleaning Fees Charged by Your Landlord
If you rent, you know that a deposit is important: the moment you decide to move out, your top priority will be getting that money back . Although this is usually a fairly simple process: you remove your belongings, thoroughly clean the premises and get your money back.
Unfortunately, things don’t always go so smoothly. There are a lot of bad landlords out there, and when you move out, you may get the nasty surprise of an unexpected cleaning fee: You’re all checked out and the apartment looks in good shape, but your landlord deducts several hundred dollars from your cleaning deposit anyway.
Landlords have the ability to deduct reasonable expenses from your deposit – that’s why it exists. But that doesn’t mean they can just make up reasons to charge you. Here’s what you can do if this happens, and what you should do when you move into your next rental apartment to prevent it from happening again.
Please be aware that you are not responsible for wear and tear.
As a tenant, you are generally not responsible for so-called normal “wear and tear” of the premises. This is common damage that only occurs as a result of being indoors, such as peeling paint, settling cracks, or thinning carpets from use. The Department of Housing and Urban Development (HUD) has an official list of wear and tear items and explicitly states that “the cost incurred by the owner for basic cleaning and repair of such items necessary to make the apartment ready for occupancy by the following year” is part of the tenant’s costs of doing business.” This contrasts with what is considered “tenant damage,” which includes things like holes in the walls, gouges in the floor, or missing plumbing fixtures.
However, always read your lease carefully and understand the specifics of your security deposit and the fees the landlord may charge for cleaning, as well as how they define “wear and tear.” Typically, your landlord can’t simply deduct routine cleaning fees from your security deposit, but the language you agreed to in your lease can complicate matters. Knowing any potentially problematic language in your lease before moving out can help you avoid problems.
Document and clean up
Once you understand the difference between wear and tear and tenant damage, your next step is to document the condition of your apartment. In the best case scenario, this process should begin before you actually move in, creating a detailed video of the home showing the condition of every aspect of the space. For example, if the walls are worn, it is critical to have evidence that they were that way before you moved in.
Once you’ve documented the condition of the property, the best way to avoid unexpected cleaning fees is to have it cleaned . Regular cleaning will prevent dirt from accumulating and becoming a monumental chore, making it much easier to get the place looking presentable when you move out.
If you hire cleaning professionals or have to go to great lengths to clean a property, continue to document your efforts—keep receipts and copies of any correspondence with your landlord related to cleaning issues. If you notice any “worn out” items or pre-existing cleanliness issues that you should not be held responsible for, be sure to notify your landlord and keep a record of it.
Finally, when you move out, document the cleaning and final condition of the apartment when you leave it in another video.
If you are charged a cleaning fee
If, despite your best efforts, you still receive an unexpected cleaning fee when you move out that you feel is unfair, here are a few steps you can take:
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Collect evidence. Make sure you have access to evidence of the initial and final condition of the premises, and collect any receipts or communications related to the cleaning.
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Request details. Ask your landlord for a breakdown of expenses and ask for copies of receipts if he claims to have hired cleaners.
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Write a letter about the dispute. Send the landlord a letter by certified mail detailing the improper charges. Include details such as the amount of your total deposit, the amount withheld for cleaning, why the amount is unreasonable, and the deadline for receiving the money. It will help if you research your state’s laws regarding the return of security deposits and include these details as well. You can see a sample letter here .
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Contact a tenants’ rights organization. There is likely a local tenants’ rights organization in your area that can help you navigate the situation with tips and resources. If you can’t find one, Renters Rising can help identify a local group.
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Small claims court or mediation. If all else fails, you can take your landlord to small claims court , unless your security deposit is astronomically high (over $10,000). You can also find a professional mediator to help you reach an agreement on the dispute ( the American Arbitration Association can help you find one in your area) if your landlord agrees.