A California landlord cannot charge a non-refundable cleaning fee at move-in, and cannot deduct for cleaning beyond what's necessary to return the unit to the same level of cleanliness it was in when the tenancy began. That standard comes from California Civil Code section 1950.5, which also makes every up-front fee other than the first month's rent and the security deposit refundable.
This article is general information for South Bay renters and landlords, not legal advice. For your specific situation, read the statute or talk to a tenant-rights organization or attorney.
What Civil Code 1950.5 actually allows
Anything outside that list isn't a valid deduction. Read the text yourself at leginfo.legislature.ca.gov (Civil Code § 1950.5).
- Unpaid rent.
- Repair of damage beyond ordinary wear and tear caused by the tenant or their guests.
- Cleaning necessary to return the unit to the level of cleanliness it had at the start of the tenancy.
- Restoring or replacing personal property, if the lease authorizes it.
Ordinary wear and tear vs. damage
| Usually ordinary wear and tear | Usually chargeable damage |
|---|---|
| Faded paint and minor scuffs | Large holes, unapproved paint colors |
| Traffic-worn carpet in walkways | Pet stains, burns, or tears in carpet |
| Loose hinges, worn caulk | Broken fixtures, missing doors |
| Light dust on move-out day | Grease-caked oven, filthy bathrooms |
The 2025 photo rules (AB 2801)
Assembly Bill 2801, signed in September 2024, amended section 1950.5 and phased in through 2025. Since April 1, 2025, a landlord withholding any part of a deposit for repairs or cleaning must take photographs of the unit after the tenant moves out and before the work is done, and include them with the itemized statement. Beginning July 1, 2025, landlords must also photograph the unit at the start of a new tenancy.
The practical effect for tenants: a deduction should now come with photo evidence, not just a line item. For landlords: document the unit at move-in and move-out, every time.
Deposit timelines and what to do about a bad deduction
- The landlord has 21 days after you move out to return the deposit or send an itemized statement of deductions.
- You may request a pre-move-out inspection so you get a chance to fix issues before they become deductions. Ask for it in writing.
- Deductions over $126 generally require receipts or invoices.
- If a deduction looks improper, send a written demand first; unresolved disputes go to small claims court, where bad-faith retention can carry additional damages.
The simplest way to avoid the fight
Most cleaning deductions happen because the unit was left dirtier than it was found. A professional move-out clean costs far less than a disputed deposit and gives you dated photos of a clean unit.
4A Easy Clean LLC does move-in and move-out cleaning across San Jose and the South Bay, for tenants and property owners alike. Free estimates at (408) 768-9022.