What Can A Landlord Charge for When You Move Out?

Once your rental lease agreement ends, your landlord will inspect the property and use money from your security deposit to cover the cost of repairing any damage. However, there are some things a landlord can’t charge you for …

So, what can a landlord charge you for when you move out?

You could be a very responsible tenant and take good care of the apartment while you are renting it, but you are still at risk for possible charges when you move out. There are certain things a landlord may charge for (see list below). But there are other things that typically happen with the passing of time and occupancy that cannot be charged against your security deposit. It would be wise for you to be aware of these differences, and to plan ahead when you decide to move out so that you and your landlord are on the same page. This is the best way for you to ensure you will get back the full amount of your security deposit.

Review Your Lease Agreement Before Moving In

When you move in, you will want to read your lease carefully. It should specify what you are responsible for and what you may be charged for, especially if you vacate before the lease is up. It may also include instructions for giving notice of intent to vacate and might even require a timeframe.

When you first move in, check on everything in the apartment. Do a walk-through with the landlord to make sure everything is working properly and there is no damage to the walls or ceilings, etc. If you see a problem, make sure the landlord makes a note of it. Write down anything damaged or dirty and give a copy of the list to the landlord for cleaning or repair. Keep a copy of the list for yourself. This will help if the landlord has a lapse of memory.

In anticipation of your eventual moving out, ask your landlord for moving-out instructions. This is a good way to be proactive in knowing what you should be aware of during your tenancy.

Clean and Communicate Before Moving Out

There are two things you should do before moving out of an apartment:

1. Clean it as much as possible
2. Talk with your landlord on your plans to move out. Discuss the condition of the apartment – your actions to clean it and any problems you will take care of before moving out. A good discussion regarding your taking responsibility for leaving the apartment in good condition is the best way to make sure you and your landlord are in a cooperative spirit – and the best way to maximize the return of your deposit.

If you plan to leave before the lease is up, you may want to tell the landlord you will try to help find another tenant to replace you, if you think this is something you can do. It is a good-faith attempt to offset any possible financial loss that you may be charged with if the landlord is stuck with any time of vacancy.

To minimize any charges upon moving out, you should start by cleaning the kitchen thoroughly, including cabinets, counters, sinks, floors, and appliances. Pay special attention to the stovetop and oven, removing any grease and food debris. Clean out the refrigerator and defrost the freezer.

Clean the bathroom including the sink, counter, floor, mirrors, tub, and toilet. Clean the inside of the shower (and don’t forget to remove the shower curtain if it is one you purchased).

Check the walls and if you see any tiny cracks or holes (from hanging pictures, etc.), buy some spackling paste and fill them. Repaint over the spackled area to match the color of the painted walls.

Vacuum the carpet. If you see stains in the carpet, use a stain remover to scrub them out. Sweep and damp-mop the bare floors, wood or vinyl. Use a window cleaner on the windows. If the apartment has blinds, dust them with a feather duster or damp cloth, and use the cloth on the window sills, too.

Return anything that was given to you including keys, garage door openers, parking passes, or any other items to make sure you are not charged for them.

Do a final walk-through with the landlord to show him or her the detail of cleanliness you have provided. It would be good to have a copy of the list you created when you moved in. Therefore, if anything is found damaged or missing, you can prove that this was the case when you moved in (hopefully!).

What Can A Landlord Charge for When You Move Out?

• Excessive holes in walls from picture hangers that were not repaired
• Damaged paint areas
• Holes, tears, stains, or burn marks in carpets or curtains
• Broken doors or locks, windows and window screens
• Broken or missing window blinds or curtains
• Damages or stains caused by animals (carpet stains or leaking fish tanks)
• Broken tiles or fixtures in bathrooms/ broken toilet
• Stopped or jammed toilet due to misuse
• Damaged appliances
• Clogged stove burners or sink drains due to tenant negligence
• Any other excessive filth or damage that needs extensive cleaning or repair
• Missing keys or anything else that was loaned to the tenant

Learn more about landlord-tenant law

What A Landlord Can’t Charge You For

Security laws are designed to protect both the tenant and landlord. As such, these laws recognize that, although tenants are responsible for personal damages that they cause, there are also conditions that arise through the normal course of tenancy for which tenants cannot be held responsible. These are referred to as normal “wear and tear” conditions.

Examples include:

• The fading of paint, wallpaper, or curtains due to sunlight exposure
• The breaking of plumbing through age and everyday use
• The normal wearing of rugs/carpet through typical use
• Marks in the rugs caused by the weight or normal moving of furniture
• The warping of doors or windows caused by aging, temperature, or moisture due to weather conditions
• The wall dents caused by door handles (this is a landlord issue)
• Any appliance malfunction that is not caused by tenant negligence
• Tiny nail or pin holes from hanging pictures (if not excessive)

Bottom line: Be proactive

Common sense is the key. Leave the apartment the way you would want to see it coming in. Discuss any issues with your landlord. If you cannot clean the apartment yourself, hire someone else to do it. Know your rights and responsibilities.

If there are no issues, your landlord should return your entire deposit. If the landlord needs to do repairs and decides to deduct that amount from your deposit, he or she should give you a written explanation, along with a receipt for anything over $126 (in California).

Failing to do this (or charging you for normal wear and tear) would be examples of Wrongful Withholding of Security Deposit and a cause for legal action. This would be the time to consult a qualified attorney.