Automatic Cleaning Fee Not Legal
QUESTION: I just gave a 30-day notice of my intent to vacate to the manager of the Rancho Palos Verdes apartment building in which I live. Much to my surprise, when I gave her the notice I was told that a $160 cleaning fee will be automatically deducted from my security deposit.
I told her that I was never informed of this when I signed my rental agreement. She told me that this is “standard practice” in the state of California, but I haven’t had this done in any of my three previous California rentals.
I told her that I have always left my apartments in move-in condition, short of painting and shampooing the carpets. She said that didn’t matter. She then told me that she would talk to the owners to see if anything could be done, but that she had done so in the past with little success.
It seems to me that the key to this is that there is nothing written into the rental agreement that authorizes this kind of an automatic deduction from my deposit. Is that right? Can I leave the apartment spotless and sue in small claims court and win?
ANSWER: You are right in your belief that this kind of an automatic deduction from your security deposit is not permissible in California. Even if a provision that “authorized” the owner to make such a deposit deduction were written into a rental agreement, it would be unenforceable under state law.
As your rental agreement says, “The security deposit . . . shall be refunded to RESIDENT within 14 days after the premises have been completely vacated less any amount necessary to pay OWNER: a) any unpaid rent. b) cleaning costs. c) key replacement costs. d) costs for repair of damages to apartment and/or common areas above ordinary wear and tear, and e) any other amount legally allowable under the terms of this agreement. . . .”
As your agreement says, the owner of the property can deduct money from your agreement to repay him for cleaning costs, assuming the unit was clean when you moved into it and is not clean when you move out.
Charging nonrefundable cleaning fees used to be “standard practice” in the state of California, however, it has been prohibited by the state Legislature since 1978, Civil Code section 1950.5 (j).
Assuming you leave the apartment in move-in condition, which generally includes fresh painting and new or shampooed carpet, the owner cannot deduct anything from your deposit for that.
If, as you say, you’re not going to shampoo the carpets or paint, but you otherwise leave the apartment in move-in condition, how much can the landlord legitimately deduct from your deposit for that?
Unfortunately, that’s a “gray” area of the law, but there is a guideline that most, not all, courts follow. Courts, for the most part, define three years useful life as “normal wear and tear” for painting and carpeting (the same goes for draperies).
Since the rental agreement you sent to me indicates that you have lived in the apartment for about two years, the landlord could logically deduct one-third of the cost for repainting the unit and cleaning or recarpeting it, the cost of which could very well exceed $160.
If the owner deducts $160 for cleaning, and nothing for paint or carpet, you may be better off to leave well enough alone. Otherwise, if he tries to charge you for paint, carpets and cleaning, take him to small claims court. Based upon the facts you’ve provided, you should prevail in court.
24-Hour Notice Needed Before Entering Unit
Q: I live in a one-bedroom apartment in San Diego County and I am, for the most part, on good terms with my landlord. There is one small problem, though. He often enters my apartment unannounced to do minor and other nonemergency repairs.
He calls first to see if I am at home. If he gets my answering machine, he hangs up and assumes I’m not there. He then comes over and makes the repair. He doesn’t notify me before or after entering my apartment but always says, “I was just going to call you.” I usually know he was there by noticing something has been moved or a light has been left on.
I am a single woman who lives alone. It is unnerving to me to come home and find that someone has been there who I don’t know, or, at least, know was going to enter. Twice, I have discussed with him (firmly but politely) that I would appreciate verbal notice before he comes over. He continues to come over with no notice when he’s “just in the neighborhood.”
Just what are my rights in this situation?
A: California Civil Code 1954 allows entry without notice only “in case of emergency.” Otherwise, the landlord either must give you a 24-hour notice of his intent to enter or get your verbal, or written, permission to enter before doing so.
Clearly, minor repairs do not constitute emergencies. The problem, then, is how to tactfully get the landlord to get your permission to enter in advance.
Since you’ve tried to do this verbally being “firm but polite” without success, you may want to try writing him a nonconfrontational letter about the situation.
You could briefly outline the state law on the subject and tell him your reasons for wanting to be informed, at least verbally, of any pending entry. If you are willing to settle for verbal notice, that should help to alleviate the hostility out of quoting him the law on the subject and suing him for harassment.
Postema is the editor of Apartment Age Magazine, a publication of the Apartment Assn. of Greater Los Angeles (AAGLA), an apartment owners’ service group. Mail your questions on any aspect of Apartment living to Apartment Life, AAGLA, 621 S. Westmoreland Ave., Los Angeles, Calif. 90005-3995.
