Q: Can my housemate (who's holding onto my deposit) remove money from my deposit for a cleaning lady she hired?
I signed a lease with someone, the deposit was 600, I sent her the 300 and I’m leaving now and was expecting my 300 back. Complication: Since she’s been in this apartment for a while, she’s never gotten her initial deposit back from the leasing company, so anytime someone moves in with her, SHE holds onto their deposit. She had asked if I was going to hire someone to clean the room and carpet (there’s nothing in the lease that mentions hiring anyone before moving out). I mentioned that I was planning on cleaning the entire place on my own but if she wants, I can rent a carpet cleaner and have that be the compromise. She said no, she’d just hire a cleaning lady for the day after I move out. I know for the old housemate, she took out cleaning lady fees from her deposit. I’m worried she’s going to do the same for me. Also, she has also never mentioned hiring a cleaning lady when I decide to move out. I’d rather hire a cleaning lady on my own and have it be cheaper.
A:
Under California law, landlords can only deduct from a security deposit for unpaid rent, repairs for damages beyond normal wear and tear, and cleaning to return the unit to its original state when the tenant moved in. If your lease agreement does not stipulate any specific cleaning fees or provisions about hiring a cleaner, your housemate cannot arbitrarily deduct such fees.
Since you have offered to clean and there's no documented requirement for professional cleaning, you should be entitled to your full deposit, provided there are no other damages. It's crucial to communicate your stance and your rights to your housemate.
Ensure any communication is documented, and consider taking photos of the room before leaving as evidence of its condition. If your deposit is not returned in full, California law provides remedies, which may include small claims court. However, it's always best to try and resolve matters amicably first.
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