Battling and Evading Your Property Manager's Cleaning Charges

If you're renting, you understand that the security deposit is a significant concern—the moment you decide to vacate, your main focus becomes reclaiming that money. Typically, this process is straightforward—you pack up and leave, give the place a thorough cleaning, and get your deposit back.

Unfortunately, not every situation plays out so smoothly. There are plenty of problematic landlords out there, and you might encounter an unwelcome surprise upon moving out in the form of hidden cleaning fees: You're all moved out and the apartment appears to be in great shape, but your landlord deducts several hundred dollars from your security deposit for cleaning anyway.

Landlords have the authority to deduct reasonable expenses from your security deposit—that's why it exists. But that doesn't mean they can charge you for nonsense. If this happens, you have options—and measures to take when moving into your next rental to prevent a repeat occurrence.

Recognize that you're not accountable for regular wear and tear

As a tenant, you're usually not responsible for what's known as typical "wear and tear" on the living space. This includes damage that results from a space being inhabited, such as peeling paint, settling-related cracks, or worn-out carpets. The Department of Housing and Urban Development (HUD) has an official list of wear and tear items, and they state that "the costs an owner incurs for the fundamental cleaning and repair of such items essential to make a unit prepared for the next tenant's occupancy are part of the costs of business operation." This differs from what's considered "tenant damages," which include things like wall holes, scratched floors, or missing fixtures.

Be that as it may, always scrutinize your lease carefully and comprehend the specifics surrounding your security deposit and the cleaning fees your landlord might charge—including their definition of "wear and tear." Generally, your landlord can't just impose a routine cleaning charge on your security deposit, but the lease's specifics might create complications. Being aware of any potentially troublesome language in your lease before you vacate can help you steer clear of problems.

Document and maintain cleanliness

Once you know the difference between wear and tear and tenant damages, your next step is to document the condition of your apartment. Ideally, you'll start this process before you even move in by creating a detailed video of the property, demonstrating the state of every aspect of the space. If there are scuffed walls, for example, having proof that they were like that before you moved in will be crucial.

After you've documented the condition of the place, the best way to avert unexpected cleaning fees is by staying tidy. Regular cleaning stops dirt from accumulating and turning into a colossal chore, making it much more manageable to leave the space in good shape when you move out.

Should you hire cleaning professionals or need to put in extra effort to clean the place, continue to document your efforts—keep receipts and copies of any correspondence with your landlord regarding cleaning concerns. If you identify any "wear-and-tear" items or pre-existing cleanliness issues you shouldn't be responsible for, make sure you communicate this to your landlord and keep records of that communication.

Lastly, when you're preparing to leave, document your cleaning efforts and the ultimate state of the apartment as you depart in another video.

Responding to an unwarranted cleaning fee

Even with your best efforts, you might still end up with an unexpected cleaning fee when moving out that you believe is unjust. Here are some steps you can take:

Gather proof. Make sure you have access to your proof of the original and final condition of the space, along with any receipts or correspondence related to cleaning.
Request details. Demand a breakdown of costs from your landlord and ask for copies of receipts if they assert they hired cleaners.
Write a dispute letter. Compose a letter to your landlord by certified mail, outlining the unjustified charges. Include specifics like the total amount of your security deposit, the amount deducted for cleaning, justifications for why the amount is unwarranted, and a due date for receiving the return of your deposit. It's beneficial to research your state's laws regarding security deposit returns and include these details as well. You can find a sample dispute letter here.
Contact a tenant's rights organization. There's likely a local tenant's rights organization in your area that can help guide you through the situation, offering advice and resources. If you can't locate one, Renters Rising can assist in identifying a local group.
Small claims court or mediation. If all else fails, you can bring your landlord to small claims court (unless your security deposit is excessively high, above $10,000). Alternatively, you can look for a professional mediator to facilitate an agreement over the dispute (the American Arbitration Association can assist you in locating a mediator in your area).

After reviewing your lease and noticing disputable language regarding cleaning fees, you might want to know how to get security deposit back without facing unwarranted deductions. Understanding your responsibility for wear and tear versus tenant damages is crucial. For wear and tear, typical costs for fundamental cleaning and repair before the next tenant's occupancy are part of the landlord's business operation.

When dealing with unexpected cleaning fees, collecting proof of the original and final condition of the space, along with any relevant receipts or communication with the landlord, can help substantiate your claim that the deductions are unwarranted.