Is Charging a Cleaning Fee from Security Deposit Legal in Massachusetts?

Question from JPluto, Is Charging a Cleaning Fee from Security Deposit Legal in Massachusetts?

Answer from AI:

In Massachusetts, landlords are prohibited from deducting non-mandatory cleaning fees from a security deposit if the apartment is left in a clean condition without damages. Here’s a breakdown of the situation and steps you can take:

Massachusetts Security Deposit Law Overview

• Purpose of Security Deposits: Security deposits are intended to cover damages beyond normal wear and tear and unpaid rent. They are not meant to cover routine cleaning costs.
• Permissible Deductions: Landlords can only deduct for specific reasons, such as damages or unpaid rent. Normal wear and tear, like minor scuff marks or faded paint, are expected and cannot be charged to the tenant.
• Prohibited Deductions: Non-mandatory cleaning fees are not permitted. If you leave the apartment clean, the landlord cannot charge you for cleaning services.

Landlord’s Responsibilities

• Itemized Deductions: Landlords must provide an itemized list of deductions within 30 days of the tenant moving out. If they fail to follow this process, they may be in violation of the law.
• Proper Notice: Any deductions must be communicated correctly, not just via an informal email.

Steps You Can Take

1. Respond to the Landlord: Politely remind your landlord of the law and request that the cleaning fee not be deducted. Emphasize that you are leaving the apartment clean and undamaged.
2. Document the Apartment’s Condition: Take photos or videos of the apartment before leaving to prove it was clean and undamaged. This documentation can be crucial if a dispute arises.
3. Understand Normal Wear and Tear: Minor issues like nail holes from hanging pictures are typically considered normal wear and tear. However, the specifics can vary, so it’s good to be cautious.
4. Evaluate the Fee’s Reasonableness: Research average cleaning costs in your area to determine if $350 is excessive. This can help if you need to dispute the charge.
5. Know Your Rights: If the landlord improperly withholds your deposit, you may be entitled to your full deposit plus penalties. Massachusetts law provides protections for tenants in such cases.

Conclusion

Massachusetts law supports your position that a non-mandatory cleaning fee cannot be deducted from your security deposit if the apartment is left clean and undamaged. Stand firm with your landlord and ensure they adhere to the legal guidelines. If the issue persists, consider seeking advice from a legal professional or a legal aid organization for further assistance.