You Can Fight (and Avoid) Your Landlord's Cleaning Fees

If you’re renting, you know that the security deposit is a big deal—the moment you decide to move out, the top priority is getting that money back. While this is usually a pretty straightforward process—you move your stuff out, give the place a solid cleaning, and you get your money back.

Unfortunately, things don’t always go so smoothly. There are plenty of bad landlords out there, and you might get a nasty surprise when you move out in the form of surprise cleaning fees: You’re all moved out and the apartment appears to be in fine shape, but your landlord deducts several hundred dollars from your security deposit for cleaning anyway.

Landlords have the ability to deduct reasonable costs from your security deposit—that’s why it exists. But that doesn’t mean they can just invent reasons to charge you. Here’s what you can do if that happens—and what you should do when you move into your next rental to make sure it doesn’t happen again.

Know that you're not responsible for wear and tear

As a tenant you’re generally not responsible for what’s known as normal “wear and tear” on the living space. This is the normal damage that occurs just from a space being occupied, like peeling paint, cracks from settling, or carpets thinning from use. The Department of Housing and Urban Development (HUD) has a formal list of wear and tear items, and states explicitly that “the costs an owner incurs for the basic cleaning and repairing of such items necessary to make a unit ready for occupancy by the next tenant are part of the costs of doing business.” This is in contrast to what’s considered “tenant damages,” which include things like holes in the walls, gouged floors, or missing fixtures.

That said, always read your lease carefully and understand the specifics surrounding your security deposit and the fees the landlord might charge for cleaning—and how they define “wear and tear.” Generally, your landlord can’t simply deduct a routine cleaning fee from your security deposit, but the language you agreed to in your lease may complicate the matter. Being aware of any potentially problematic language in the lease before you move out can help you avoid problems.

Document and clean

Once you know the different between wear and tear and tenant damages, your next step is to document the condition of your apartment. The best-case scenario is to begin this process before you actually move in by creating a detailed video of the home that shows the condition of every aspect of the space. If the walls are scuffed, for instance, having proof that they were like that before you moved in will be crucial.

Once you’ve documented the condition of the place, the best way to ensure you avoid surprise cleaning fees is to clean. Cleaning on a regular schedule prevents dirt from building up and turning into a monumental chore, which will make it a lot easier to get the space into presentable shape when you move out.

If you hire cleaning professionals or have to go above and beyond in any way to clean the place, continue to document your efforts—keep receipts and copies of any correspondence with your landlord related to cleaning issues. If you note any “wear-and-tear” items or pre-existing cleanliness issues that you shouldn’t be responsible for, make sure you communicate that to your landlord and keep records of that communication.

Finally, when you’re moving out, document your cleaning and the final condition of the apartment as you leave it in another video.

If you're charged with a cleaning fee

If, despite your best efforts, you still get socked with a surprise cleaning fee when you move out that you believe is unfair, here are a few steps you can take:

• Gather evidence. Make sure you have access to your evidence of the original and final condition of the space, and gather any receipts or communications related to cleaning.

• Request details. Ask your landlord for a breakdown of costs and ask for copies of receipts if they claim to have hired cleaners.

• Write a dispute letter. Send your landlord a letter by certified mail that details the improper charges. Include specifics like the amount of your total security deposit, the amount deducted for cleaning, why the amount is unjustified, and a deadline for receiving the money. It helps if you research your state’s laws around the return of security deposits and include those details as well. You can see a sample letter here.

• Contact a tenant’s rights organization. There’s probably a local tenant’s rights organization in your area that can help you navigate the situation by providing advice and resources. If you can't find one, Renters Rising can help identify a local group.

• 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 (more than $10,000). You could also locate a professional mediator to help you come to an agreement over the dispute (the American Arbitration Association can help you find one in your area) if your landlord is agreeable.