Can my landlord charge me for cleaning when I move out in Virginia?

Yes, in some cases, and the Virginia Residential Landlord and Tenant Act sets the limits. The Virginia Residential Landlord and Tenant Act applies to most residential rental properties in Virginia.^[7] This page explains what the Act says about cleaning charges at move-out. It is not legal advice; for a specific dispute, contact legal aid (details below).

What the deposit can be used for

When the tenancy ends or you move out, whichever is later, the Act lets the landlord apply the security deposit only to four things:^[1]

• the payment of accrued rent, including reasonable late charges the rental agreement specifies;^[1]
• the damages the landlord has suffered because the tenant did not meet the duties in § 55.1-1227, less reasonable wear and tear;^[1]
• other damages or charges as provided in the rental agreement;^[1]
• actual damages for breach of the rental agreement under § 55.1-1251.^[1]

Cleaning charges usually come in through the second and third of these.

What "clean" means under the Act

The duties in § 55.1-1227 include that the tenant must keep the part of the home they occupy and use as clean and safe as the condition of the premises permits,^[2] keep all plumbing fixtures as clean as their condition permits,^[2] and remove all garbage, rubbish and other waste in a clean and safe manner.^[2]

The move-out rule is § 55.1-1233. At the end of the tenancy, the tenant must remove all personal property and leave the premises in good and clean order, reasonable wear and tear excepted.^[3]

So the Act's standard is clean and in good order, not new. Dust on a baseboard you missed, grease left in the oven, a refrigerator full of food or trash left behind are the kinds of things a cleaning charge is usually about. Faded paint, carpet worn along a walkway or minor scuffs from ordinary living are the kinds of things people usually mean by wear and tear. The Act does not list examples, and where a particular charge falls depends on the facts.

What your lease adds

A landlord and tenant may include terms in a rental agreement that are not prohibited by the Act or another rule of law.^[4] That is why the deposit can also cover other charges the rental agreement provides for, such as a lease term asking for professional carpet cleaning at move-out. Read your lease for every cleaning term before you clean.

The Act also limits what a lease can do. One subsection reads: "Unless necessitated by the tenant's violation of a requirement of this chapter, no landlord shall require a tenant to pay any fee for the maintenance or repair of any dwelling unit."^[5] A rental agreement provision that the Act's list of prohibited provisions bars is unenforceable.^[5] No landlord may demand or receive a security deposit of more than two months' periodic rent.^[1] How these rules apply to a particular lease term is a question for a lawyer or legal aid.

How the charge has to be made

Itemized, in writing, on time. The landlord must itemize the deposit and every deduction, damage and charge in a written notice, together with any amount due to you, within 45 days after the tenancy ends or you move out, whichever is later.^[1] If the damage exceeds the deposit and needs a third-party contractor, the landlord must tell you so in writing within the 45 days, and then has an additional 15 days to itemize the damage and the cost of repair.^[1]

Actual and reasonable cost for remedial cleaning. Where a tenant's breach that materially affects health and safety can be remedied by cleaning, the landlord must send written notice of the breach, may do the work or hire a third party, and bills an itemized amount for the actual and reasonable cost.^[6]

Records you can see. The landlord must keep itemized records of each tenant's deposit deductions for the preceding two years and let the tenant, or their authorized agent or attorney, inspect them during normal business hours.^[1]

Consequences for the landlord. If a landlord willfully fails to comply with the deposit section, the court shall order the deposit returned to the tenant, together with actual damages and reasonable attorney fees, unless the tenant owes rent.^[1]

The move-out inspection

A tenant has the right to be present at the move-out inspection.^[1][8] The landlord must tell you about that right in writing, and if you tell the landlord in writing that you want to be there, the inspection must be made within 72 hours of delivery of possession.^[1] After the inspection, the landlord must give you a written security deposit disposition statement with an itemized list of damages.^[1] If the landlord later claims damage it found afterward, you may present a copy of the move-out report as evidence that the damage did not exist at the inspection.^[1]

Attending is the most useful thing you can do. Bring your move-in report and your photos, and take your own photos of anything the landlord notes. For what is usually looked at, see what landlords check on a move-out inspection.

How to avoid the charge

The simplest way is a thorough clean of an empty home, done before the inspection and documented with dated photos. How to clean an apartment to get your deposit back walks through it room by room. If you would rather pay a cleaner, compare that with what the landlord would charge; see what move-out cleaning costs in Virginia. Keep the cleaner's invoice.

Stop and call a pro if

• A cleaning charge is large, unexplained or for something on your move-in report, and the landlord will not explain it in writing. DHCD's Statement of Tenant Rights and Responsibilities covers the basics, but the statement says it is not intended as legal advice and points tenants with questions to legal aid at (866) 534-5243 or valegalaid.org/find-legal-help.^[8]
• The landlord says the damage exceeds your deposit or threatens court action. Talk to legal aid or a lawyer before you answer.
• The home needs more than cleaning, such as mold beyond a small patch, pests or broken fixtures. Tell the landlord in writing.

Hiring the clean

Browse move-out and turnover cleaners, look up cleaning businesses around Blacksburg, or read more cleaning answers. When you are ready, describe the move-out clean on Loclis and businesses will quote.