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[CA] Can I charge a tenant for cleaning after move-out, especially after a long-term tenancy of several years?

Lawyer, Esquire
Lawyer, Esquire

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Ok, when a tenant moves out of a property they have to return it in the same condition that they received it in, excepting normal wear and tear. So if the place was clean when they moved in, they have to return it in approximately the same condition of cleanliness. Normal wear and tear does not include leaving a place filthy when you move out when it was broom clean when you moved in.

So if the tenant did not return the property clean, then the landlord can charge them for any cleaning costs that they incur to return it to approximately the same condition it was in when the tenant took possession. (CA Civ Code § 1950.5)

With that said, after 7 years things like carpet and caulking in tubs would have exhausted their depreciable lives so a landlord couldn't charge for replacing things like that. (CA Civ Code § 1950.5)

If we are talking about something like greasy residue on cabinets in the kitchen area due to the tenant not regularly cleaning them off then I think yes you can charge the tenant a reasonable amount for labor and materials to remove that residue and return the cabinets to their pre move-in condition.

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Can I charge cleaning to the tenant after move out? She has been in the rental over 7 years.

Lexi

Lexi, Chatbot

I understand that dealing with move-out situations can be challenging. Have you documented the condition of the property before and after the tenant's move-out?

Yes.

Lexi

Lexi, Chatbot

Are there specific cleaning issues or damages that you believe warrant charging the tenant?

The kitchen cabinet and closets need deep clean due to the sticky residue.

Lawyer, Esquire

Lawyer, Esquire

Hello and welcome to the site! I am a licensed attorney and here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once on the website. Could you tell me more about any specific cleaning issues or damages that you believe warrant charging the tenant?

There are yellow sticky stains from the hallway closet and kitchen cabinets required hours/days to remove it. Can I charge the tenant that has been there over 7 years?

Lawyer, Esquire

Lawyer, Esquire

Can you tell me what state this is in?

California.

Lawyer, Esquire

Lawyer, Esquire

Ok, when a tenant moves out of a property they have to return it in the same condition that they received it in, excepting normal wear and tear. So if the place was clean when they moved in, they have to return it in approximately the same condition of cleanliness. Normal wear and tear does not include leaving a place filthy when you move out when it was broom clean when you moved in.

So if the tenant did not return the property clean, then the landlord can charge them for any cleaning costs that they incur to return it to approximately the same condition it was in when the tenant took possession. (CA Civ Code § 1950.5)

With that said, after 7 years things like carpet and caulking in tubs would have exhausted their depreciable lives so a landlord couldn't charge for replacing things like that. (CA Civ Code § 1950.5)

If we are talking about something like greasy residue on cabinets in the kitchen area due to the tenant not regularly cleaning them off then I think yes you can charge the tenant a reasonable amount for labor and materials to remove that residue and return the cabinets to their pre move-in condition.

How much I can charge to the tenant for cleaning labor and material when I did it myself and not hire cleaning company?

Lawyer, Esquire

Lawyer, Esquire

You have to come up with a reasonable amount for your labor and materials. You can't charge $200 an hour for cleaning because that's not realistic. But charging somewhere from $30 to $50 an hour would probably not be considered unrealistic unless you're trying to bill them for 20 hours of labor for cleaning cabinets.

And if you are deducting from a deposit, then you only have to justify those costs if the tenant objects and files a lawsuit claiming that you improperly charged them from their deposit.

The tenant will ask for receipt or proof. I took the picture and record a minute when try to clean it. It is so hard to remove. Will pictures are good to proof it since I will have the receipt of the service?

Lawyer, Esquire

Lawyer, Esquire

Yes, and you just have to list your costs in cleaning. So if you charge an hourly fee, you just list "Cleaning cabinets of grease residue... X hours at $XX per hour."

And try Murphy's Oil Soap in very hot water for grease residue on cabinets.

Did you have any other questions about this situation I can help with?

Thanks for your advice. I tried multiple spray solutions. It is not cooking oil. The grease is everywhere in hallway closets and all kitchen cabinets. I am not sure what it is, but I believe it is from tobacco residue. It is on the ceiling as well. The air quality test shows the house has tobacco, when my contract doesn't allow it. How do I deal with this issue?

Lawyer, Esquire

Lawyer, Esquire

Then you can charge them for all cleaning costs for nicotine residue if the lease was a no-smoking lease. But TSP is best for cleaning nicotine prior to repainting—trisodium phosphate.

The house is fixed up for over 1 week. Now it looks better. Thanks for your advice of the solutions to use. I will keep that in my note. Can I charge for the toilet bowl scratches? I think the tenant used some metal to clean it. It is really obvious of the scratches.

Lawyer, Esquire

Lawyer, Esquire

If you can figure out how to remove them, but if not, if your toilets are not new, then you may just be stuck with the scratches, as you can't charge for a brand-new toilet install for some scratches if the toilets are years and years old. But SOS steel wool pads take most scratches out of porcelain toilets, sinks, and tubs.

I can't charge half price of new one for the demand?

Lawyer, Esquire

Lawyer, Esquire

If the scratches are significant and affect the functionality or appearance of the toilet, you might be able to charge a reasonable amount for the damage. However, it's important to consider the age and condition of the toilet before the tenant moved in. If the toilet was already old, it might be difficult to justify charging for a new one.

You could potentially charge a portion of the cost if you can demonstrate that the damage was beyond normal wear and tear. Documenting the condition with photos and providing a reasonable estimate for repair or replacement can help support your claim.

Got it. How about the front door lock the tenant changed with a cheap one, can I charge it? Also the blind too. I have the wood thick blind and she changed with aluminum thin one.

Lawyer, Esquire

Lawyer, Esquire

You can charge them for anything that they changed without your approval or damaged.

Can I charge as a new one price or everything has to be reduced since she stayed there over 7 years? I see kitchen ashes inside the stove oven and paint scratches from the stove face. Am I allowed to charge for used price or it is wear and tear?

Lawyer, Esquire

Lawyer, Esquire

For items like the front door lock and blinds, if the tenant changed them without your permission, you can charge for the cost of replacing them with similar quality items. However, considering the length of the tenancy, it might be reasonable to charge a depreciated amount rather than the full cost of new items.

Regarding the stove, ashes inside the oven and paint scratches could be considered beyond normal wear and tear, especially if they affect the functionality or appearance. You can charge for cleaning or repairing these issues, but again, consider the age and condition of the appliance before the tenant moved in.

It's always a good idea to document everything with photos and keep records of any estimates or receipts for repairs or replacements. This will help support your claims if the tenant disputes the charges. Do you have any other questions? Thanks.

Thank you. I don't have any other questions at this time. Have a great day.

Lawyer, Esquire

Lawyer, Esquire

Glad to help when I can. Be safe.

Lawyer, Esquire

Lawyer, Esquire

25 satisfied customers

Lawyer, Esquire
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