witholding part of security deposit due to tenant leaving a messy apartment
I’m just wondering what the general practice is. One of my tenants just moved out today. She left the apartment very messy. The floors are in dire need of a vacuuming and mopping. The sink, refrigerator, oven and stove need to be scrubbed clean. The bath tub and toilet need to be washed. When she moved in a few years ago the apartment was spotless. I allowed her to break her lease early if she found a satisfactory tenant, which she did. A couple of weeks ago she asked about the process for return of the security deposit. At that time I specifically asked her to leave the apartment clean (I didn’t directly state that not doing so would effect the return of the deposit). I’ve had some other tenants leave a messy aprtment and never kept any part of the security deposit because of it. But I’m getting tired of it and think it’s inconsiderate. I’m not expecting spotless, just reasonably clean. Just wondering what your experiences are as an owner or as a tenant.
starfish11040
in Landlord 13 years and 5 months ago
11
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11 replies
msnaenae | 11 years and 1 month ago
This is a very late response, but in my experience as a tenant, it is good practice to leave the dwelling the way it was found. It’s very considerate to the property management to whom you rented the place from. What you have to understand as “landlord” you have the right to withhold all or a portion of the security deposit for: * Deliberate damage to the dwelling caused by the tenant(s) * Nonpayment of monthly rent * Illegal activity that caused unsafe living * Damage to appliances (if the place came with them) * Trash removal from inside and/or outside * Damage to furnishings (if came furnished) The cost of repairs, replacement of appliances and furniture (if including), removal of trash (if including), and cleaning fees has to be estimated and deducted from the security deposit. This is why a security deposit is asked for to protect the landlord. When we moved out of our house we left it spotless. All bedrooms, living room and dining room was cleaned, the floors were swept and vacuumed. The kitchen was cleaned, backsplash and counter tops were cleaned and sanitized, the floor was swept and mopped. The bathroom was cleaned out completely, walls were washed, bathroom sink was cleaned and sanitized, bathtub was scrubbed, faucets were polished, mirrors were cleaned. The front and back porch was swept, blinds were dusted, all trash was taken out. Around the house was swept thoroughly, all old items outside the house were tossed in the garbage. I enlisted the help of the neighborhood junk men who went around collecting bulky items like old appliances and stuff, so they came in took whatever they wanted, and everything else we weren’t taken and no longer using was thrown in the trash. How a tenant moves into a place should be how they move out…meaning how they found it should be how they left it. It’s unfair to anyone to have to clean up after a messy and nasty tenant. But as an owner of property rentals, if you don’t withhold all or a portion of a security deposit because of cleaning out someone elses mess, repairing damage, replacing appliances after years of neglect and damage, you are being taken advantage of and tenants will continue to leave the place in bad condition because they know you are not going to take action. And another thing, stop letting tenants break their lease free and clear. If they break, charge them an extra $100 and remind them of their commitment. Go one extra step further and put it in the lease agreement that should they break their lease FOR ANY REASON, they will have to pay an extra $100, and that should go for anyone who takes over the lease as well. See how quick you put a stop to that nonsense. If the landlord was a good one and trusted the tenant to take care of the property, then the tenant should have been responsible in doing so. People tend to get away with too much nowadays. It’s time they start being made to pay for it.
snowman2 | 13 years and 5 months ago
Whether it’s cleaning or repairs, you can only deduct the cost. You cannot deduct the value of your own time. So if you clean yourself, you can only deduct the cost of the materials – negligible. After the first couple of times, if it was dirty, I learned to hire someone to clean and deduct it from security. If it was reasonably clean and I just wanted it detailed – which I do between each tenant – then I do not deduct it.
brewguy | 13 years and 5 months ago
Deduct the full amount of what it would cost to hire a professional to clean, even if you do the work yourself. The standard REBNY lease covers this case.
rcltrh | 13 years and 5 months ago
Sorry if this posts twice, tried posting a response and then it made me log back in and then the post didn’t show up. Anyway, not sure what the law is in NYC/NY State, but I own rental property in the south where I am originally from and there you are not allowed to deduct anything from the security deposit if you clean the apartment or house yourself once a tenant leaves. Its linked to how the IRS defines taking an active role in your investment property and your “time” for cleaning and general maintenance is considered part of your investment. If you hire a cleaning company, you are able to deduct that, but you must by law present the tenant with an copy of the actual bill from the company and only deduct the exact amount. Like I said, Im not sure how it is legally handled here. Off the books I guess you can do whatever you want as long as you aren’t challenged in court. In my home state, if they challenge you for something like this and they win, you owe them double damages plus have to pay everyone’s court costs.
elbow | 13 years and 5 months ago
If I had to hire someone to come in and clean after a residential tenant left, I always took the cost of cleaning out of the security deposit.
dnk | 13 years and 5 months ago
I just became a landlord: bought a house and am renting out a floor as tenant’s apartment. When the tenant moved in, we filled out a checklist — basically, two columns: one lists the general condition of floors, walls, appliances, fixtures, etc upon moving in. Hopefully this will help both of us (ie, landlord and tenant) avoid disputes when the apartment is vacated about what the condition once was…. I’m just wondering, does anyone else do this? Do you find it helpful or not?
Arkady | 13 years and 5 months ago
I agree w/ dave – you’ve already been generous to her & she is an ungrateful wretch. Deduct the cost of labor & materials.
Acajou | 13 years and 5 months ago
She didnt leave the place sparkling but she didnt leave it a cesspool either. It seems from your description if you took pictures you would be hard pressed to prove any damages in court to justify withholding part of the deposit. Chock it up to the cost of doing business, move on and give the lady her full deposit back.
daveinbedstuy | 13 years and 5 months ago
It was inconsiderate, especially since you let her break the lease. Hire someone and deduct it from the deposit.
Arkady | 13 years and 5 months ago
I’ve withheld the amount it has cost me to hire a cleaning person & supplies. I believe the standard lease makes reference to how the place should be left.
caragreenberg | 13 years and 5 months ago
As a landlord, I almost always return the full security deposit, even if the apartment was left (reasonably) unclean. But if I was less wussy, I would hire a cleaning service or person and take the cost of it out of the deposit. Or take $100 out of it and clean it yourself. You would certainly be within your rights to do so.