Security Deposit deduction

Security Deposit deduction

Member since 2024 · 4 posts · 9 votes

This is a general question for security deposit deductions made by a landlord of a complex. Recently I moved out of an apartment complex after a 10 month lease. There was a pre-move out inspection where everything was determined to be in good condition and there were no deductions that would be made. But the cleaning lady being used ( that is contracted by the complex) would not give any information as to what would need to be cleaned to avoid a cleaning fee. Upon move out and receiving a portion of the security deposit, we were charged an over $400 cleaning fee in addition to some normal wear and tear items because they exceeded the apartments self calculated normal wear and tear allowance. They are refusing to provide a hourly rate and number of hours it took for the apartment cleaning because it is contracted at a flat fee. We were not there often due to travel and had no pets, apartment was returned in the same condition that we received it

I am wondering if a normal wear and tear allowance calculation is something that actually exists and by law they need to provide the hourly rate breakdown and what was cleaned correct?

Appreciate any knowledge and advice on this subject!

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Drew SygitBusiness Member
Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
2y

@Ian Henderson what does your lease state about all this?

Would you expect a landlord to NOT thoroughly clean after the last tenant moved out before you moved in?

Did you hire a 3rd party cleaning company and provide proof to your landlord?

We don't even provide our owner clients with a breakdown of hours & hourly rate for cleaning! What law requires a landlord to do this?

Normal wear & tear charges are usually not allowed. Check your state statutes.

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  • Member since 2019 · 43 posts · 14 votes
    2y

    From a cleaning perspective, I can understand why any landlord would want to use a contracted cleaning process, no matter how clean the unit was at the time of move-out.  This ensures proper cleaning/sanitation and that the unit is move-in ready.  Expecting the landlord to take the time to do a detailed check of the cleanliness and then do an a-la-carte cleaning is not a reasonable expectation, in my opinion.  

    Normal wear and tear is prohibited in Florida; your state may vary.  An itemized list must be provided in Florida, and normal wear and tear cannot be deducted.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    My guess is they simply cleaned the entire unit.  If you have photos of when you moved in and moved out, send them to the landlord and say that it was left in the same condition as when you moved in.

  • Developer · New York City, NY · Member since 2015 · 812 posts · 718 votes
    2y

    It's always best to hire a third-party contractor to clean the place in any state.  Reason being, if you are challenged, you have an invoice and payment to prove this work was done from a third party.  You do it yourself, then it may not fly if challenged.  I know in New Jersey, you cannot bill if you clean it yourself outside of the actual chemicals used (I.E. free labor).  

    The easiest way to get around any of this is to hire a competent property management firm to handle everything.  The court looks on them as a neutral third party and they'd accept their invoicing and receipts without an issue.

  • Benjamin AakerPro Member
    Rental Property Investor · Brandon, SD · Member since 2015 · 1k+ posts · 1k+ votes
    2y
    It's going to be tough to get that $400 back. You'll need to produce evidence that the unit was left in a condition that didn't require cleaning. Cleaning is expensive nowadays and that price doesn't seem too high depending on what needed to be done. A polite conversation with the property manager might help you recoup some of it. If you have photos it would be better.
  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    2y

    I am unaware of "normal wear and tear" having any sort of legal calculation. It is meant to be general and flexible. When a tenant questions us we provide before and after photos I would advise you to do the same. It is very rarely that a tenant leaves a unit clean enough to be rent ready but there times that they do 1 or 2 out of 10.

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
    2y

    @Ian Henderson what does your lease state about all this?

    Would you expect a landlord to NOT thoroughly clean after the last tenant moved out before you moved in?

    Did you hire a 3rd party cleaning company and provide proof to your landlord?

    We don't even provide our owner clients with a breakdown of hours & hourly rate for cleaning! What law requires a landlord to do this?

    Normal wear & tear charges are usually not allowed. Check your state statutes.

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