California Security Deposit: Are These Things Legal to Deduct?

Question

I'm in California and just moved out of a rental.

The landlord wants to charge me for a few things that are strange to me.

Are the following things legal for them to deduct from security deposit?  I've read a few articles so far and they are pretty ambiguous.

1. Rent to cover vacancy during week of repairs.

2. House cleaning even though I've paid for a house cleaner and property is as clean as move-in.

3. Carpet cleaning even though it's in same condition as move-in.

4. Cleaning sofa even though it's in same condition as move-in.

Thanks!- G

Graeham Ford-Feliz · Answer

Thanks everyone

Isaac S. · Answer

1. I have never heard of charging missed rent for a turnover. I'm just a family owned and operated outfit, so, you should check with a housing lawyer at one of the tenants rights organizations.

2. In my experience, I have frequently had to clean up behind "pro"cleaning crews. I have never seen cleaners move the stove and refrigerator and clean underneath. They often don't clean very thoroughly and require a supervisor to point out missed areas like on top of the ceiling fan blades and other small things that add up. I would say that "pro" cleaning is a very loosely used term and that more times than not, they are not as thorough as is required to be "move-in ready". Also, I have only seen a tenant leave a place move-in ready a handful of times, out of hundreds.

3. Carpet cleaning should always be done between tenants. Despite how the carpet looks, it is good practice to deep clean the carpets to avoid any possible allergens among other possible microscopic gifts that may be present.

4. See 3

As for the legality...I would check with a tenants rights organization, because I really don't know about what's legal, other than cleaning charges and even that could be grey area depending on the specific charges and what could be argued as normal wear and tear.

Hopefully, a bit more experienced manager/landlord can chime in and give you some solid answers.

Best of luck!

Hubert Kim · Answer

In California,

1. Rent to cover vacancy during week of repairs.No. If a tenant vacates a property before the lease expires, the landlord may be able to end up using the security deposit to cover the remainder of the lease. Otherwise, a landlord may only use a security deposit to cover damages and cleaning.2. House cleaning even though I've paid for a house cleaner and property is as clean as move-in.No. If you have good documentation (move-in checklist, pictures at the start and end of tenancy, etc.), you may be able to argue any cleaning fees. Otherwise, this may be hard to prove.

3. Carpet cleaning even though it's in same condition as move-in.Same answer as #2.

4. Cleaning sofa even though it's in same condition as move-in.

Same answer as #3.

Were you given an opportunity to be present for a pre-move out inspection within 2 weeks of your move out date? This is typically required unless you were served a 3-day notice to pay or quit.

Also, CA requires a landlord to send an itemized statement of deductions to a tenant within 21 days after leaving a rental. This should include copies of all receipts for both repairs and cleaning if they are $126 or more.

If your landlord did not do the above, I suggest you communicate that you do not approve of the security deposit deductions and ask for documentation. If necessary, write a formal letter and mail it via USPS First Class Certified Mail stating relevant details. If you are not able to come to a mutually agreeable solution, you may be able to file a small claims court case.

Mike Franco · Answer

if i steam clean the carpet for a tenant, I expect the same in return.

Steam clean all the time.

A dry vacuum is not gonna clean it well enough. All that poo on your shoes and other gunk, and athlete's foot smells are stuck in the carpet fibers.

Greg M. · Answer

1. Rent to cover vacancy during week of repairs.

Yes, if you damaged the place and the landlord is not able to rent it out due to the damage. You're supposed to return the place in the same condition as received. If you didn't and the landlord incurs a loss of rental income by not being able to rent it until the damage is repaired, why shouldn't you be charged for the lost rent? You caused a loss to the landlord.

2. House cleaning even though I've paid for a house cleaner and property is as clean as move-in.

3. Carpet cleaning even though it's in same condition as move-in.

4. Cleaning sofa even though it's in same condition as move-in.

If it is truly in the same condition, then no. However, if it is stated in the lease, then yes he can charge you this.

Jeffrey Bower · Answer

Please don't take this as solid advice, but as a helpful guide. Landlords in California can deduct from costs of cleaning from tenant's deposits. But this relies on how necessary it was to clean it after you move. For rentals after Jan 1, 2003, landlords can expect the rental to be as cleaned as it was when your tenancy began. So rugs, if it had stained before you moved in, you're expected to just vacuum, not steam clean old stains. Since you had cleaned the home anyway, I would keep the receipt. Additional cleaning to make it rentable is on the landlord. Basically, landlords can charge only for what is necessary. As for deducting to cover vacancy, I only know security deposit as being used to cover unpaid rent or damage. I'd seek help from an organization, for sure.

Kyle J. · Answer

There are always two sides to every story, but just going off what you posted, I would say #2-4 would not be allowed deductions (unless there was something in your lease that allowed for it).  The only thing that's not clear is #1.  Did you have a lease in effect when you moved out?  If you moved out during a lease or without proper notice, any remaining rent due is definitely something that can be deducted from a security deposit in California.  However, if you didn't have a lease in effect and you moved out with proper notice and on the agreed upon move-out date, they can't charge you rent just because they had a vacancy period.  That's just part of the rental business.  (Curious why they're not charging you for the repairs that were apparently required though or why you're not asking about those, but maybe you're just not questioning those.)

Sam Shueh · Answer

Tell them it does not take more than 1 day to redo things you have already taken care.

1. Rent to cover vacancy during week of repairs.

SHOW THEM THE professional cleaning RECEIPT and warranty:

2. House cleaning even though I've paid for a house cleaner and property is as clean as move-in. 3. Carpet cleaning even though it's in same condition as move-in. shampoo receipt-that one I understand.

4. Cleaning sofa even though it's in same condition as move-in. Show them the cleaning bill.