Deduct landlord cleaning fee from security deposit??

Question

John Sanderson · Answer

If you have to deep clean carpets, you can deduct for renting equipment. I would wait for a response from someone more familiar with your state laws, or consult with your attorney, but I would imagine the equipment rental would be fair game to deduct from the deposit. As far as your time, that I'm not sure on, and I hesitate to speculate as I'm unfamiliar with your state laws.

John Sanderson · Answer

If you have to dust, clean windows, sweep and mop, no, you can't deduct that from the security deposit. If you have to hire a professional to come in and remove some questionable stains from the carpet or remove trash and debris from the property, you can probably deduct some.

It's no fun when a tenant doesn't clean before they leave, but unless you have to deep clean and sanitize the unit, it's considered normal wear and tear.

That's my understanding, if anyone has anything to add, please do, I'd also like to know.

Cody Z. · Answer

This reply alone was worth its weight in gold. Thank you.

Robert Melcher · Answer

We provide a clean house at lease start, including professionally cleaned carpets.

The outgoing tenant is expected to leave the house clean and to have the carpets professionally cleaned when they depart (its in our lease, in Texas and in Oklahoma).  If they don't, we use professionals to clean and bill it against the deposit.

Normal wear and tear means use consistent with proper care and cleaning, over an expected life of "X", which varies from item to item.  Paint and carpets of reasonable quality should have a life expectancy of 6 to 7 years. One year's normal wear and tear would be about 15% of the cost of replacement. Someone who messses up your paint or carpet the first  year could expect a charge of 85% of the cost to replace. In the third year, 55%. and so on, presuming you only touch-up or professionally clean between tenants. I have defended this depreciation in court.

PJ Muilenburg · Answer

Thank you @Roger Sandmann...yes.

I'm done some more digging online and I can't find anything specific for my state but from other discussions, I do believe I can take money from the security deposit and pay myself for my labor. It very well be a gray area in the landlord-tenant laws.

I do realize I can't claim my personal time/labor for tax purposes/deductions.

Jeff B. · Answer

DIY owners need to understand the rules for accounting and taxation.  If the IRS says that our personal time may not be deducted, then that's a good guideline, no matter how much we may disagree.  We need to adapt and move on.

I guess anyone can do anything if they so desire - - hope there's never an audit.

Roger S. · Answer

This doesn't have anything to do with the IRS.  This is simply asking if he can charge for his time against the deposit.   I do.

Jeff B. · Answer

No.  IRS doesn't allow $0.01 for the owner's personal efforts - - on ANYTHING.

Hire it out however, and you can write off the whole invoice :sigh:

PJ Muilenburg · Answer

Gotcha. That makes for the normal wear and tear argument and the depreciation schedule is a really good idea.

My question is can I charge for my personal time cleaning or painting, since I would not be able to produce a receipt like I could if I hired a cleaning company or painter.

Deduct landlord cleaning fee from security deposit??

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