deduct landlord time cleaning repairs from security deposit?

Question

Tenants moved out (in UT) after 1.5 years and had professional cleaners come in, but still left the sfh dirtier and in worse condition than when it was rented to them. I spent 30 hours touching up small gouges in the walls, washing the tile floors, repairing leaky faucet, cleaning residue left on walls, light switches, and cupboards, removing trash left behind, cleaning vents, fan blades, replacing light bulbs, repairing blinds, cleaning stains from carpet, fixing broken drawer, washing garage floor, & cleaning windows.  I told them upfront the home needed to be left in the same condition of cleanliness that it was in on the day they started renting. I gave them a room by room cleaning check list of each item that was cleaned before they moved in and instructed them to make sure those same items were cleaned when they moved out.  Told renters at the start of tenancy if they wanted to get their whole security deposit back they should follow the cleaning check list when they moved out.  Can I deduct the 30 hours I spent cleaning and repairing the home from their security deposit? Also they did a few repairs without my knowledge and they look terrible. Can I hire a professional to repair correctly and deduct it from renter's security deposit?

Russell Brazil · Answer

Most housing courts (varies by jurisdiction) will not allow you to withhold for normal wear and tear. Most of what you describe falls under normal wear and tear.

Thomas S. · Answer

No you can not. Landlord time is counted as zero which is why you should hire a contractor to do all the work if you intend to deduct it from their deposit. No court recognises landlord time as being of any value.

Additionally about 90% of the items listed that you did are normal ware and tear and not deducted from a tenants deposit. Charge them for the professional cleaners.

Penny Clark · Answer

@Shelley Ashworth, I understand your frustration, and many landlords try to save money cleaning and repairing items themselves. This is where many landlords get in trouble with the Small Claims courts because they fail to provide documentation to back up their deductions. Tenants and the courts in tenant friendly states (Hello, California!!) take security deposits seriously and this is where most landlord tenant disputes arise. Document thoroughly ( by using receipts and estimate/invoices from vendors) and learn what is a legitimate deduction. Although landlord labor may not be seen as a legitimate deduction, the cost of materials you needed to restore those items back to pre-move in condition may be (for example, replacement of a broken glider on a drawer or replacing broken blind slats not due to age but over handling).  The Rental Housing Association offers some excellent suggestions in what Cali landlords can deduct and not deduct from tenant security deposits.

When in doubt, hire it out. Good luck!

Jeff B. · Answer

Thomas S. is correct here.

Thomas S. · Answer

One of the plus sides of being a landlord is that you can charge tenants for almost anything, including your time, and even though it is not legal it is usually too much trouble for them to challenge or they are simply ignorant of their rights.

We get away with a lot of things we shouldn't but since it's usually the landlord that gets s*****d by the tenant we should take what we can when we can.

When you do get caught it's usually just a "sorry I didn't know, here's your money back", without penalty.

Deanna McCormick · Answer

I have a charge sheet with per hour pricing of cleaning, and set rate to clean some items like a per window fee. that's what I give tenants along with check sheet when they move in. I do a walk thru 2 week prior and tell them this is in need of cleaning and check the box on the sheet ( I make a extra copy for this to leave with them along with notes like wow stove is really bad ).. I don't put in price at this time I'm just pointing out it's not to standard as when they moved in.

So if you hire someone to do the cleaning or if you do it yourself as far as I'm concerned it's a cost that is off the security deposit. If I hire repair work done or replace broken items I save receipts for those costs to document against my sec deposit statement.

Normal wear and tear isn't their cost but extra damage is

I've not been challenged in court over cleaning per hour fees. or set rate items.

Yes you can hire it done to repair things they did wrong or didn't ask you to fix. Just remember to document your costs and keep in mind if they challenge you not likely to get additional costs over your security deposit. Take photos before someone moves in and after they leave.

Shelley A. · Answer

Thanks for the feedback, appreciate you all responding. :

deduct landlord time cleaning repairs from security deposit?

Most Popular Reply