If I understand Utah code 57-17-3 correctly. I can deduct a cleaning fee from security deposit separate from what one might consider normal wear and tear? I took photos of the main areas of concern but there is a bit of grime everywhere and want to give the tenant a chance to remedy it themselves. If they are unable to, can I assess a professional cleaning deduction?
(1)
Upon termination of a tenancy, the owner or the owner's agent may apply property or money held as a deposit toward the payment of rent, damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the unit.
I'm also concerned about the LVP, seems to me it is more than just normal wear and tear damages in some places as well as some of the scratches/markings on walls.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
7mo
Every jurisdiction is different, but normally you are not able to just pull a number out of the air and "Charge" the tenant. You need either a legit invoice or written estimate from a disinterested third party, legal, business; or something in your Rental agreement and associated documents that spells out either a specific charge, or at least an hourly or flat fee in advance.
Additionally, if the Tenant pursues a legal case against you, whether something is "normal wear and tear" or not is determined by the court based on evidence provided by both sides. Do you have photos and condition documents from the time of move in?
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
7mo
Every jurisdiction is different, but normally you are not able to just pull a number out of the air and "Charge" the tenant. You need either a legit invoice or written estimate from a disinterested third party, legal, business; or something in your Rental agreement and associated documents that spells out either a specific charge, or at least an hourly or flat fee in advance.
Additionally, if the Tenant pursues a legal case against you, whether something is "normal wear and tear" or not is determined by the court based on evidence provided by both sides. Do you have photos and condition documents from the time of move in?
I have a video walk around from before a few days before move-in. It was cleaned professionally before they moved in. They left significant dings and dents in walls and flooring as well as left grime that was not there beforehand. I also had fill out a move-in inspection which they marked everything as excellent and signed.
Real Estate Broker · Atlanta · Member since 2024 · 1k+ posts · 606 votes
7mo
You are correct that cleaning costs can typically be deducted if the unit is not returned in the same level of cleanliness as at move-in, excluding normal wear and tear. However, an important consideration is whether the property was professionally cleaned before the tenant moved in. If it was not, you cannot reasonably expect it to be returned in better condition than it was delivered.
If you had properly documented the initial condition and provide the tenant an opportunity to address the cleaning issues, you can generally charge a reasonable professional cleaning fee if they fail to bring it back to that standard. Be sure the deduction is clearly itemized and supported with photos and invoices.
At the least, it is definitely in a worse condition than move-in.
At the most, there is probably a few hundred dollars in patching and painting dings and scratches in walls, and possibly unrepairable LVP surface scuffs and scratches.
Most of that is normal wear and tear. For the dings in the wall, do you have left over paint that you can use to touch them up after you patch and sand them with filler? If not, are they all on one wall (ie could you paint one wall)?
Most tenants are not going to be as careful about things as an owner and there will be more dings. Some of those are spots they missed when cleaning are a quick fix with a Mr Clean eraser and shouldn't take more than 30 min to clean up. When taking photos, either put blue tape next to them so you can go back later and clean them or see if the tenant wants to come by and clean it while you are there patching the small dings.
Multiple walls unfortunately and in different rooms. I do not have the paint, it was painted before I owned it and was in great condition.
For paint, it will depend on how long ago it was painted regardless of the condition. For those rooms, see if you can find some good quality paint, but a mistint (ie something that will be marked down). It will save you some money on repainting. Even if you can get a close match to the existing paint and just repaint those walls.
Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
7mo
Depends on jurisdiction for dings and dents. Vegas passed a law at least a couple years ago that classified any “non-hole” as normal wear and tear.
You should add “Unit to be professionally cleaned at move out.” Then you can certainly send a professional cleaner if they leave it dirty.
Remember! In regards to cleaning and allowed repairs. You can’t make money or be paid for your time doing any cleaning/repairs. You hire professionals and charge the tenant exactly the amount you’re billed, or you do it for free.
Realtor · OH · Member since 2026 · 122 posts · 77 votes
7mo
If I understand the Utah Code 57-17-3 correctly, you can deduct for professional cleaning separately from damage, as long as it’s reasonable and itemized.
Normal wear = minor scuffs/light marks. Damage = deep LVP scratches, gouges, significant wall damage.
If it’s not returned “broom clean,” give them a chance to fix it. If they don’t, hire a cleaner and deduct the actual invoice amount within the required 30-day notice period.
Investor · Collierville, TN 38017 · Member since 2017 · 712 posts · 522 votes
7mo
Yes, you can deduct for professional cleaning in Utah, but be precise.
Normal wear and tear is minor scuffs, light traffic patterns, and typical aging. It is not grime, built up dirt, excessive wall damage, or abused LVP.
If the unit is not returned in substantially the same level of cleanliness as move in, you can charge to restore it to that condition. Document your move in condition report and photos. Give the tenant written notice and an opportunity to cure if you want to be conservative.
For LVP:
Light surface scratching is wear.
Gouges, deep scratches, swelling from moisture, or plank damage is damage.
For walls:
Minor nail holes and light scuffs are wear.
Large holes, heavy marking, or patchwork is damage.
Make deductions based on actual invoices, not estimates. Provide an itemized statement within the statutory deadline. Stay objective and documentation driven.
Real Estate Coach · Salt Lake City, UT · Member since 2017 · 273 posts · 414 votes
5mo
In Utah, most things are determined by what's in the lease.
If you put a chair or sofa on LVP and people sit on that sofa every day, it will leave scuffs. That's normal. It's not hard to make scuffs disappear. Find a good YouTube video and spend $20 at Home Depot.
Damaged drywall -- not normal. A good handyman can take care of that in an hour or so. Hardware stores can match paint pretty well too.
Not cleaned properly -- hire someone to clean it (or do it yourself).
Best practice is to charge the tenants what it actually costs to repair, regardless of local policy.
You shouldn't be making a profit off of that (besides a reasonable hourly wage you charge to do the work yourself)