Can a Landlord Deduct Cleaning From the Security Deposit?
Landlords are often restricted in what they can do with things they charge, including the security deposit. The interesting thing is that it can actually vary a lot what those restrictions are based on where the property is. State laws and sometimes city laws can determine things, rather than it being a federal law dictating such a thing. So, it isn’t a wonder that many ask can a landlord deduct cleaning from the security deposit. In Massachusetts, the answer is different than in other places.
It really pays to do your research in the state and region you are in. We always find that the property management fees in Boston when we oversee property there are going to be different than they are in Baltimore or Atlanta or wherever we may be servicing. So we need to become experts on the matter in each and every place. So, when it comes to cleaning and a tenant’s security deposit, where do we stand? In this article, we will be going over the following:
- Can a Landlord Deduct Cleaning from the Security Deposit? – We will answer directly the question, with a focus on Massachusetts and Boston law specifically.
- What Landlords Can Deduct From Security Deposits – Then we will cover what landlords can use a security deposit for, legally speaking.
- For Landlords: How Pro Property Management Can Help – Finally, we will address how professional property management can be a real game-changer for many in these situations.
Can a Landlord Deduct Cleaning from the Security Deposit?
States can vary when it comes to how a landlord can use security deposits. Let’s take Massachusetts. There, landlords cannot deduct cleaning expenses from a tenant’s security deposit unless the cleaning is somehow necessary to address damage beyond normal wear and tear. Massachusetts has one of the more strict laws when it comes to security deposits.
The state’s security deposit laws allow deductions solely for unpaid rent, unpaid water bills, or to repair damage. Routine cleaning to return the unit to its original condition is not considered damage. It would have to be only extreme situations in which the cleaning caused something that would be considered “damage”… which seems pretty rare.
While landlords may desire to include cleaning fees in the lease agreement, in most cases they just can’t. If you’re asking can a landlord deduct cleaning from the security deposit, then you surely want to stay on the right side of the local laws.
To protect themselves, landlords (and tenants) should document the property’s condition at move-in, noting any existing damages. Pictures are a good idea. This documentation can serve as a reference when assessing any excessive damage when moving out. Deductions from the security deposit need to be strictly for damages beyond normal wear and tear… not for standard cleaning tasks. Landlords who try to “stretch” these regulations and charge for things they are not supposed to are flirting with major legal problems… all it takes is a tenant to report a landlord with documentation and they could be in trouble. And ignorance is not a valid excuse.
What Landlords Can Deduct From Security Deposits
As described, Massachusetts is a unique example when it comes to fees and security deposits. There are a lot of regulations in Massachusetts to keep in mind. Landlords are allowed to collect a security deposit equivalent to one month’s rent in the beginning. This deposit must be placed in a separate account in a Massachusetts bank, with the tenant receiving a receipt that includes the bank’s name and account details. Landlords are required to provide a written statement of the property’s condition within 10 days of receiving the deposit, documenting any existing damages. So there is a lot to keep track of.
Other states have more lenient regulations regarding security deposits. For example, Texas does not impose a statutory limit on the amount landlords can charge for a security deposit, allowing them to set the deposit based on other things… such as market conditions. Texas law also does not require landlords to place security deposits in separate, interest-bearing accounts, nor are they obligated to provide detailed receipts or property condition statements. The primary requirement in Texas is that landlords must return the security deposit within 30 days after the tenant vacates. This example highlights how Massachusetts has one of the more rigorous regulations when it comes to security deposits.
What might help is to make a list of what landlords are allowed to use a security deposit for. Here are specific purposes that can be charged to a security deposit in Massachusetts:
- Unpaid Rent: Covering any rent owed by the renter that remains unpaid.
- Unpaid Water Bills: Applying the deposit to any outstanding water charges that the tenant is responsible for under the lease agreement.
- Damage Repairs: Addressing the cost of repairing any damage caused by the tenant, their occupants, or guests (that exceeds normal wear and tear).
- Tax Increases: If set up in the lease, the deposit can be used to cover a tenant’s share of a property tax increase.
For Landlords: How Pro Property Management Can Help
If you’re a rental property owner or landlord, dealing with security deposits – and many other things – can take up a lot of time that you’d rather spend with your family or on other things you enjoy. That’s when you need a professional property management company. While you’re asking can a landlord deduct cleaning from the security deposit, you might as well come up with an answer that makes your whole life easier.
With Bay Property Management Group, you’ve got a team that’s got your back. We have the skills and tools to handle all the stuff your tenants and properties need. That means you can focus on what’s important to you. Whether you’re a landlord, an investor, or just starting, Bay Property Management Group is here to help! We provide property services in Boston, Baltimore, Washington D.C., Virginia, Texas, Georgia, and elsewhere.
