Can Your Landlord Deduct Cleaning Costs From Your Deposit?

Usually yes, but only for the cleaning needed to bring the unit back to the level of cleanliness it had when you moved in. The routine cleaning a landlord does before every new tenant, and normal wear and tear, are the landlord's expense. California writes that standard into its deposit law, Massachusetts allows no cleaning deduction unless the charge repairs damage beyond reasonable wear and tear, and Texas leaves more to the lease but still bars charges for normal wear and tear.

What cleaning standard can a landlord charge against?

The baseline is how clean the unit was when your tenancy started, not how clean the landlord would like it to be. Under Cal. Civil Code section 1950.5, a landlord may use the deposit for cleaning only as far as needed "to return the unit to the same level of cleanliness it was in at the inception of the tenancy," and may claim only amounts that are "reasonably necessary" for that purpose. The same law bars charges for ordinary wear and tear or its effects, including wear that built up over more than one tenancy.

In practice, a landlord who handed you a clean unit can charge to degrease an oven you left caked with grease, or to haul away trash and food you left behind. The landlord cannot charge you for the dusting, vacuuming, and wipe-down done before every new tenant when the unit was already as clean as you found it. If the unit was dirty on move-in day, the bar for move-out is lower, and your move-in photos and checklist are what prove the starting level in a cleaning dispute.

In Washington, the move-in checklist a landlord must provide has to describe the "condition and cleanliness" of the unit, and no deposit may be kept for wear from ordinary use. Massachusetts goes further. Its deposit law permits no deduction for any purpose it does not list, cleaning is not on the list, and the state's legal aid guide treats routine cleaning, like routine painting, as reasonable wear and tear.

California also requires landlords to offer an inspection before you move out, at which the landlord lists the cleaning and repairs it would charge for so you can do them yourself first. Our guide to move-out inspections explains how to request one and what to bring.

Can a lease require professional or carpet cleaning?

It depends on your state. California and Massachusetts do not let a lease charge every tenant for professional cleaning regardless of condition, Washington sets that limit for carpet cleaning, and Texas leaves more to the lease.

• California: a landlord cannot require you to pay for, or deduct for, professional carpet cleaning or other professional cleaning unless it is reasonably necessary to return the unit to its move-in condition, excluding ordinary wear and tear. A lease clause that waives your deposit rights is void.
• Washington: under RCW 59.18.280, no part of the deposit may be kept for carpet cleaning unless the landlord documents wear to the carpet beyond ordinary use.
• Massachusetts: a clause charging every tenant for professional cleaning conflicts with the deposit law described above. A conflicting lease term is void, and a landlord who tries to enforce one, or tries to get you to waive the law, forfeits the right to keep any part of the deposit (G.L. c. 186, section 15B).
• Texas: the lease carries more weight. Texas Property Code section 92.104 lets a landlord deduct charges you owe under the lease, but never to cover normal wear and tear.

If your state allows the clause, read whether it lets you hire the cleaner yourself. If it does, keep the invoice and take dated photos when the job is done, so you can prove you met the clause.

How does an upfront cleaning fee affect deductions?

The answer turns on whether your state lets the fee be nonrefundable.

• California: any fee charged at the start of the tenancy for cleaning counts as part of the security deposit. It is refundable, it follows the same deduction rules, and it counts toward the state's deposit cap, which is one month's rent for most landlords. A lease cannot call any part of it "nonrefundable."
• Washington: a nonrefundable fee is allowed only if the written rental agreement clearly says it is nonrefundable. If the agreement does not say so, the fee is treated as a refundable deposit.
• Massachusetts: a landlord cannot charge a cleaning fee at move-in at all. The only upfront charges allowed are first and last month's rent, a security deposit, and the cost of a new lock and key.

In a state that allows a nonrefundable cleaning fee, ask the landlord in writing what cleaning the fee pays for before you sign. If the itemized statement later deducts for that same cleaning, you have a written basis to dispute it. Our guide to nonrefundable deposits and fees explains how a refundable deposit differs from a nonrefundable fee.

What proof of a cleaning charge can you demand?

These four states spell out what has to come with a cleaning charge. For how deposit rules differ elsewhere, see our overview of state security deposit laws.

If an outside cleaner's bill has not reached the landlord within 21 days after you move out, a California landlord may list a good-faith estimate with the cleaner's name, address, and phone number, then must send the bill within 14 days after receiving it.

California example: the statement lists "Cleaning: $240" with no invoice. Repairs and cleaning together are over $125 and you signed no waiver, so the landlord had to include documentation, and a landlord who skips it in bad faith loses the right to keep any of the deposit. If, after you ask, the landlord's records show its employee worked 4 hours at $45 an hour, the documented charge is $180 (4 x $45), and the other $60 has no support.

To check a cleaning charge:

1. Compare each line with your move-in checklist and photos, using our guide to documenting your apartment's condition.
2. Ask in writing for any invoice, hours, rate, or photos your state requires and the statement left out.
3. Separate cleaning from wear and tear, which none of these four states lets a landlord charge; our guide to understanding security deposit deductions covers how to contest the other categories.
4. Dispute the charge in writing, attach your photos, and state the amount you expect back.