Can an Apartment Complex Charge You for Damage Fees Upon Moving Out After Already Charging a Non-Refundable Fee?

The Leash on Damage Fees and Security Deposits

When moving out of a rental property, it is almost certain that your lease will stipulate that you are responsible for cleaning and any damage beyond normal wear and tear for the period you lived there. This responsibility is well established in the leasing agreement to ensure that the property is returned in a satisfactory condition at the end of your tenancy.

Many people have questions about the fees that can be charged upon moving out, especially when the rental company has already levied a non-refundable security deposit. It is a common misconception that such fees are truly non-refundable. In fact, nearly every state in the United States has made it illegal to have non-refundable security deposits, thus ensuring that these fees are only used to offset actual damages or cleaning costs.

Understanding Damage Fees and Cleaning Charges

It is important to understand the clear distinction between cleaning fees and damage fees. Non-refundable cleaning fees are typically used to cover standard cleaning services, while damage fees are intended to cover any actual damages incurred beyond normal wear and tear. These fees are considered separately, and the landlord is responsible for providing a detailed invoice if they intend to charge you for each.

Should you cause damage to the property, you would be responsible for repairing or paying for the repairs. For example, if you cause $3,000 in damage to the building, the landlord can still charge you for cleaning fees (e.g., $50) and the full amount needed to repair the damage. This is a legal expectation, especially if the damage is extensive or beyond what would be considered normal.

Legal Protections and Dispute Resolution

Your rights are protected by state laws, and you have the right to dispute any fees that are not justified or itemized. If you believe that the charges are unjustified, you can request a detailed list of the damage and the specific costs associated with each item. Any disputes should be addressed with your landlord or, if necessary, through the legal system.

Landlords are required to provide a clear and detailed breakdown of any charges, including the exact nature of the damage and the costs incurred to repair it. If the landlord fails to provide this information, you have the right to request and even challenge the charges through small claims court or other legal means.

Conclusion: While landlords can charge for any and all damage done to the apartment beyond normal use wear, the distinction between cleaning fees and damage fees is clear. If you have been charged an excessive amount, it is essential to understand your legal rights and seek appropriate recourse if necessary.