When A Landlord Can Charge For Cleaning: An Overview of State Law
In California, confusion often arises over when a landlord can legally charge a tenant for cleaning after move-out. While some landlords assume tenants must return the unit in professionally cleaned condition, the law sets a different standard: tenants must leave the unit in a "reasonably clean" condition, not necessarily spotless or deep-cleaned.
This article explains what that means, when deductions are allowed, and how property owners can protect themselves through inspections, documentation, and compliance with state law.
What the Law Says
Under California Civil Code §1950.5, landlords may deduct from a security deposit for:
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Cleaning needed to return the unit to the condition it was in at the beginning of the tenancy (excluding normal wear and tear)
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Repairing damage caused by the tenant
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Unpaid rent
However, landlords may not use the deposit for:
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Normal wear and tear
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Routine professional turnover cleaning customarily performed between tenants
When Can Cleaning Charges Be Deducted?
Cleaning charges may be deducted from the security deposit only when:
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The unit is returned in a condition that clearly exceeds normal use, such as filth, grime, or unsanitary buildup
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The landlord can document the condition (preferably with photos)
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The landlord complies with the optional pre-move-out inspection process, giving the tenant a chance to fix the issue before move-out
Common allowable cleaning deductions include:
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Thick grease on oven or stovetop
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Pet urine, feces, or strong odors
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Trash, food, or belongings left behind
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Mildew, mold, or grime in showers and sinks
When Can’t Cleaning Charges Be Deducted?
Landlords may not deduct for:
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Minor dirt or dust that accumulates with normal use
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Carpet wear or minor staining from typical foot traffic
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Cleaning performed solely to meet turnover standards or make the unit more marketable
The law does not require tenants to pay for standard turnover or deep-cleaning procedures unless the unit was returned in an unusually dirty state.
Importance of the Initial Move-Out Inspection
California law gives tenants the right to request a preliminary move-out inspection. If requested, landlords must:
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Conduct the inspection in the last two weeks of the tenancy
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Identify specific issues that could lead to deductions
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Provide the tenant with a written list of those issues
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Allow the tenant time to address them before move-out
Best practice: Treat the initial inspection as your opportunity to create a defensible record of cleaning or damage concerns. If tenants correct those issues, you may not deduct for them.
Documentation and Photo Requirements (AB 2801)
Beginning April 1, 2025, landlords making cleaning or repair deductions must:
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Take photos of the unit after move-out but before cleaning/repairs
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Take photos after work is completed
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Provide these with the itemized deposit disposition
Beginning July 1, 2025, for new tenancies:
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Move-in photos are required to establish baseline condition
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These may be compared to move-out photos to justify deductions
This new law strengthens the importance of thorough documentation and reduces the risk of deposit disputes.
Examples: What's Chargeable vs. Not
Condition | Chargeable? | Rationale |
Grease coating the inside of the oven or under range hood | Yes | Excessive grime, clearly beyond normal use |
Refrigerator with spilled food or mildew | Yes | Unsanitary and not "reasonably clean" |
Bathtub with thick grime or mildew/bacteria | Yes | Poor upkeep; well beyond ordinary wear |
Trash, food, or personal property | Yes (with a caveat explained below) | May be chargeable; see rules on abandoned personal property below |
Pet urine odor or stains in carpet | Yes | Unsanitary and beyond ordinary |
Thick layer of dirt on floors or baseboards | Yes | Not routine; indicates neglect over time |
Vacuumed floors, tidy kitchen, wiped countertops | No | Meets "reasonably clean" standard |
Fingerprints on light switches or mirrors | No | Minor surface dirt; part of normal occupancy |
Light water spots on faucet or shower glass | No | Tenant not required to meet "turnover" or commercial cleaning levels |
Clean range but not professionally restored | No | Tenant not required to meet "turnover" or commercial cleaning levels |
Note on Left-Behind Property
If a tenant leaves personal belongings behind, the landlord must follow California’s abandoned property law. Property valued at $700 or more cannot be discarded without giving the tenant a chance to reclaim it. See section below for details on valuation and disposal procedures.
Abandoned Property: Valuation and Tenant Rights
If a tenant leaves personal belongings behind after vacating the unit, California law requires landlords to follow the process for abandoned personal property.
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Property valued under $700: Give notice, hold for 15–18 days, then you may discard or donate.
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Property valued over $700: Give notice, hold for 15–18 days, then sell at a public auction. Surplus proceeds must go to the county.
Reasonable costs for storage or removal can be deducted from the security deposit if proper notice and timelines are followed.
Conclusion
Cleaning deductions are one of the most common sources of conflict between landlords and tenants at move-out — and also one of the most frequently mishandled. California law does not require tenants to return a unit in perfect or professionally cleaned condition, but it does allow landlords to charge when the unit is left unreasonably dirty or neglected. By understanding what qualifies as “reasonably clean,” documenting conditions thoroughly, offering a move-out inspection, and following proper procedures for handling personal property, BPOA members can lawfully recover costs while avoiding disputes and liability.
For further guidance or help applying these rules to a specific situation, consult your legal advisor or a qualified housing attorney.
Disclaimer
This article is provided for informational purposes only to assist members of the Berkeley Property Owners Association (BPOA) in understanding applicable laws and best practices. It is not intended as legal advice. Laws and regulations are subject to change, and individual circumstances may vary. BPOA members are encouraged to consult qualified legal counsel or regulatory authorities before taking action based on the information provided.