Legal Question in Real Estate Law in Georgia

law on charging a cleaning fee as part of a move out

I would like to know what is the law on charging a cleaning fee to tenant's who move out of a unit that requires cleaning? In a recent case of ours a tenant was awarded her cleaning fee back, based on the Judge decision, who stated, it's considered normal wear and tear and we should be responsible not the tenant. If the tenant was given the apartment in a clean condition should it not be return in the same condition? The tenant does sign a lease that clearly states a cleaning fee will be charged if the unit is not returned in it's orginal condition.


Asked on 1/22/00, 10:54 am

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: law on charging a cleaning fee as part of a move out

Everyone is correct. You the tenant and the Judge. However, what the Judge says (because he is both the finder of fact and law in your case) controls. Landlord's (LL) may insert claused in GA leases just as you described. Tenants (T) must pay the cleaning charge if the tenacy is not returned in clean shape. However, in your case, the Judge found against the LL and RULED that FACTUALLY the cleaning was really for normal wear and tear, which is not subject to a cleaning charge. Thus, your complaint really is with the Judge's ruling, not the law, or the cases, or your lease. In Georgia you have 10 days to take an appeal from a Mag. Judge's ruling in Dispo. Hugh Wood

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Answered on 1/24/00, 5:45 pm


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