Can a landlord charge cleaning fees after move-out?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
South Dakota Tenant Guide: Can Landlords Charge Cleaning Fees After Move-Out?
When renting a property in South Dakota, understanding what landlords can and cannot charge for after you move out is vital to protecting your security deposit and your rights as a tenant. One common question tenants have involves cleaning fees—specifically, whether a landlord can charge these fees after the lease ends.
This guide provides a detailed overview of South Dakota laws and best practices regarding cleaning charges upon move-out, helping you know what landlords are allowed to deduct from your security deposit and when.Security Deposit and Cleaning Fees in South Dakota: The Basics
In South Dakota, the landlord-tenant relationship is primarily governed by the South Dakota Codified Laws Chapter 43-32 (Landlord and Tenant Act), which outlines landlord and tenant obligations.
Security Deposit Use
- South Dakota law allows landlords to require a security deposit from tenants.
- This deposit can cover unpaid rent, damages beyond normal wear and tear, and other breaches of the lease.
- Importantly, landlords cannot use the security deposit to cover normal cleaning expected after a tenant’s occupancy unless the tenant leaves the property unreasonably dirty.
Can a South Dakota Landlord Charge for Cleaning After Move-Out?
Yes, but with conditions.
Landlords in South Dakota can charge for cleaning costs after a tenant moves out only if the property is left in a condition that exceeds normal cleaning typically expected after a reasonable tenant’s occupancy. The cost cannot be used as a disguised fee or arbitrary charge but must reflect actual cleaning expenses incurred to restore the rental unit to its original condition.
Key points for tenants:
- Normal wear and tear cleaning is not chargeable: Routine cleaning that would be necessary after any tenancy (such as vacuuming, dusting, or wiping surfaces) is the landlord's responsibility.
- Excessive dirt or mess can justify charges: If the tenant leaves the unit dirty beyond normal use—such as stained carpets, trash left behind, grease on appliances, or other profound messes—cleaning fees can be deducted.
- Landlords must provide an itemized statement: South Dakota law requires landlords to provide a written, itemized list of damages or cleaning charges deducted from the security deposit within 14 days after the lease ends.
What does this mean practically?
If you leave the unit in generally clean and acceptable condition, a landlord should not deduct any cleaning fees. However, if they have to spend significantly more time or money than routine cleaning due to your neglect, they may do so—but they must prove the necessity and cost of such cleaning.
Tips for South Dakota Tenants to Protect Themselves from Unwarranted Cleaning Fees
1. Document the Condition at Move-In and Move-Out
- Take photos or videos of the rental unit’s condition when you move in.
- Do a thorough cleaning before move-out and take dated photos or videos before returning keys.
- Consider a walk-through inspection with the landlord near the end of your lease to address any issues in advance.
2. Understand What Constitutes “Beyond Normal Wear and Tear”
- Normal wear includes minor carpet wear, paint fading, small nail holes or marks.
- Excessive dirt, stains, pet odors, broken fixtures, or trash left behind are considered beyond normal wear and tear.
3. Request an Itemized Deduction Statement from the Landlord
- By law, landlords must give you a detailed list of cleaning charges with receipts or estimates for repairs if any deductions from your security deposit are made.
- This documentation helps verify if cleaning fees are appropriate.
4. Communicate Promptly and Professionally
- If you disagree with cleaning charges, respond to the landlord in writing within the 14-day period.
- Seek to negotiate or clarify charges before pursuing further legal actions.
What Should Landlords Do to Comply With South Dakota Law?
For landlords in South Dakota, charging cleaning fees after tenant move-out requires:
- Performing a timely inspection of the rental unit immediately after the tenant leaves.
- Preparing an itemized list of damages or cleaning expenses with supporting documentation.
- Returning any remaining security deposit, minus legitimate charges, within 14 days after the lease termination.
- Avoid charging tenants for routine cleaning that falls under normal wear and tear.
Conclusion
In South Dakota, landlords can charge tenants for cleaning fees after move-out only if the cleaning required is beyond what would be considered normal wear and tear. Tenants are protected against arbitrary or excessive cleaning charges through the requirement that landlords provide an itemized statement and return the balance of the deposit within 14 days. Proper documentation and clear communication can further protect tenants from unfair deductions.
If you are moving out of a rental in South Dakota, it is wise to clean thoroughly, document the unit’s condition, and understand your rights related to security deposits and cleaning fees. With this knowledge, you can help ensure a smooth and fair rental transition.