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Miami-Dade Cleaning & Janitorial Companies: A Legal Playbook for Bulletproof Contracts, Recurring Revenue, and Low-Risk Growth

Who This Guide Is For

• Commercial janitorial firms (nightly, weekly, and daytime porter services)
• Residential maid services and deep-clean specialists
• Post-construction and turnover cleaning teams
• Short-term rental (STR) and hospitality housekeeping providers
• Specialty services: floor care (VCT/terrazzo), carpet/extraction, window cleaning, pressure washing

Executive Checklist (Start Here)

• Use service-specific agreements: commercial janitorial, residential recurring, STR/turnover, and post-construction should each have their own template.
• Nail scope and quality standards: tasks, frequencies, consumables responsibility, inspection checklists, and objective pass/fail criteria.
• Set pricing and change controls: rate structure, add-ons, surcharges, and written change orders for extra work.
• Get paid cleanly: deposits (where appropriate), net terms, late fees/interest, card/ACH authorization, and attorney’s fees clause.
• Limit risk: damage cap, exclusions, additional insured endorsements where appropriate, and waiver of consequential damages.
• Access and security: keys/fobs/alarm codes chain of custody, lost-key policy, and photo/time-stamped arrival/departure logs.
• Staff & subs: background checks, training, PPE/OSHA basics, confidentiality, and no-solicit/no-hire clauses with clients.
• STR and post-construction specifics: photo proof, checklists, punchlists, and re-clean windows defined in hours, not emotions.
• Non-payment and cancellation: suspension rights, trip fees, and clear cancellation windows.
• Disputes: step-down resolution, Florida law, and venue in Miami-Dade.

Contracts That Protect Your Margin

1) Commercial Janitorial Master Services Agreement (MSA)

• Scope & Frequencies: Spell out daily/weekly/monthly tasks (trash, dusting, vacuum/mop, restroom sanitize, breakrooms, glass, high-touch disinfecting). Include specialty add-ons (stripping/waxing, carpets, windows, pressure washing) as separate line items with pricing.
• Quality Standards: Use a simple inspection checklist with pass/fail criteria and photos. Allow a defined re-clean window (e.g., within 24–48 hours) before credits apply.
• Supplies & Equipment: Who provides what? Split into (1) janitorial supplies/chemicals, (2) liners/consumables (toilet paper, soap, towels), and (3) equipment (auto-scrubbers, vacuums). If you provide consumables, bill at agreed unit pricing or cost+%.
• Schedule & Access: Define service windows, security protocols, alarm codes, parking/loading, restricted zones, and escort requirements. Include a key/fob/alarm code log and lost-key policy (cap rekey costs).
• Change Orders: Extra tasks (event cleanups, flood response, move-ins) require a signed work order or email acknowledgment by an authorized contact.
• Price Adjustments: Annual CPI-linked increases with a cap; immediate adjustments for scope changes (added floors/suites, tenant count growth).
• Term & Renewal: 12- to 36-month initial term with auto-renewal unless either party gives written notice (e.g., 30–60 days).
• Non-Solicit/No-Hire: Client agrees not to hire your team members directly during the contract and for 12 months after; include a reasonable liquidated damages figure tied to recruitment/training cost.
• Liability & Insurance: Limit damages to a set dollar amount (e.g., 3–6 months of fees); exclude consequential losses (lost profits, data loss). Maintain GL/auto/workers’ comp as suited; if required, provide additional insured and primary/non-contributory endorsements that match the contract.

2) Residential Recurring & Deep-Clean Agreement

• Service Menu & Exclusions: List rooms/areas and specific tasks (kitchen, bath, baseboards, interior windows, inside appliances only if selected). Exclude high-risk items (art, heirlooms), exterior windows at height, mold remediation, pest cleanup, and anything requiring specialty licensing.
• Turnaround & Access: Arrival windows, key/lock box instructions, alarm codes, and pet policies (secured pets, no liability for escapes unless negligence).
• Cancellations & Trip Fees: Cancellations inside 24 hours incur a fee; no-access or unsafe conditions trigger a trip fee.
• Payment: Card-on-file with authorization at booking; charge immediately post-service. Include late fees and attorney’s fees if collections are required.
• Satisfaction & Re-clean: Clear photo proof and a 24-hour re-clean window for missed items; credits only if re-clean declined.

3) STR / Airbnb Turnover Addendum

• Checklist Driven: Standardized turnover checklist (laundry, beds, amenities restock, consumables count, trash removal, patio sweep, photo documentation of damage).
• Photo Protocol: Before/after photos uploaded to a shared folder (unit, room angles, thermostat, doors/windows locked).
• Emergency Response: After-hours surcharge and defined response times; lost key or smart lock reset fees.
• Owner Supplies vs. Yours: Clarify who buys laundry detergent, linens, consumables; set par levels to avoid mid-turn shortages.
• Damage Reporting: Immediate notice with photos to owner/manager to facilitate guest charge-backs.

4) Post-Construction Cleaning Agreement

• Safety & Site Readiness: Work depends on GC sign-off that the site is safe (no active cutting/grinding, ladders secured, debris staging area).
• Scope Phases: Rough clean → final clean → touch-up after punchlist; each billed separately.
• Construction Dust Reality: Explain that dust may settle 24–48 hours after HVAC startup; include one touch-up pass if purchased.
• Coordination: Charge for return trips caused by overlapping trades or access issues.
• Protective Materials: Who provides floor protection/ram board and removal labor?

Pricing Models That Actually Work

• Fixed Monthly (Commercial): Based on agreed frequency and square footage, with annual CPI cap.
• Per-Visit (Residential/STR): Tiered by home size/bed/bath; upsells (inside oven/fridge, blinds, balcony).
• Project-Based (Post-Construction): Fixed per phase or T&M with a not-to-exceed.
• Surcharges: After-hours/holiday, parking, excessive trash, biohazard conditions, pet hair beyond norms, or emergency dispatch.
• Deposits: Reasonable deposits for large post-construction or multi-unit turnovers; otherwise rely on card/ACH authorization.

Documentation That Wins Disputes (and Reviews)

• Time & GPS Stamps: Arrival/departure logs from your app or checklist signed by client/concierge.
• Photos: Before/after sets for kitchens, baths, floors, and STR turnovers; macro shots for “missed spots” claims.
• Checklists: Client-visible checklist attached to invoice.
• Incident Reports: Standard form for property damage or safety events with prompt notice and a remediation proposal.
• SDS & Product Lists: Keep Safety Data Sheets for chemicals; share “green cleaning” credentials if you market them.

People, Safety, and Subcontractors

• Hiring & Backgrounds: Written policy for background checks where lawful; equal opportunity language; I-9 compliance.
• Training & SOPs: Chemical handling, dilution ratios, color-coded cloths/mops, cross-contamination rules, PPE, ladder safety, and sharps/biohazard protocols.
• Uniform & ID: Reinforce professionalism and building access control.
• Independent Contractors vs. Employees: Use proper agreements to avoid misclassification risk; require COIs for subs mirroring your insurance and indemnity obligations; include a confidentiality clause and IP assignment (for photos/templates).
• No Sub Work Without Consent: Reserve the right to use subs but require client consent for sensitive sites (medical, financial).

Data, Keys, and Confidentiality

• Access Data: Treat alarm codes and Wi-Fi passwords as confidential; restrict to need-to-know and require deletion at contract end.
• Key Control: Serial-numbered key tags, lockbox policy, and immediate reporting of missing keys; define liability cap for rekeying.
• Client Data: If you store client addresses and access instructions, adopt a simple privacy policy and limit who can export lists.

Collections & Cancellations—Professional and Predictable

• Invoices That Move: Show site, date/time, staff initials, checklist, photos (if applicable), and purchase order for commercial clients.
• Reminder Cadence: Friendly reminder at 5 days past due, formal notice at 15, demand at 30; suspend service after notice.
• Releases/Settlements: For larger commercial balances, exchange conditional settlement terms for partial payment plans; include attorney’s fees clause so the contract pays for its enforcement.

Five Common Pitfalls (and How to Avoid Them)

• Vague scope = free work. Use line items and checklists; no extras without written approval.
• Unlimited “satisfaction guarantees.” Offer a defined re-clean window, not open-ended credits.
• Loose access control. Track keys/codes; cap rekey costs; document arrivals/departures.
• Consumables confusion. State who buys TP, soap, liners; bill at agreed unit prices to avoid margin leaks.
• No proof on “missed spots.” Take photos—before and after. Pictures end arguments.

Local Notes for Miami-Dade

• Hurricanes/Storms: Add a force-majeure clause and a pre/post-storm service option (board-up cleanup, water entry, debris).
• High-rise/HOA Rules: Align with elevator booking windows, insurance certificates, and vendor approval lists.
• Parking & Access: Price in parking and security desk check-in delays; list them as pass-through or add a fixed fee.

How Our Firm Helps Cleaning & Janitorial Companies

• Draft and negotiate service-specific agreements (commercial, residential, STR, post-construction)
• Build checklist-driven scopes, quality standards, and re-clean protocols that cut disputes
• Set up pricing and change-order playbooks, card/ACH authorization, and collections terms
• Structure insurance/indemnity, damage caps, and security policies (keys/codes) that match real risk
• Prepare employee/subcontractor agreements, background check policies, and training acknowledgments
• Create bid/contract templates your sales team can send in minutes—and that A/P will approve fast

Let’s Talk

Understanding the Right to Disconnect

The Right to Disconnect law allows employees to ignore work-related communications—such as emails, calls, or messages—outside their regular working hours without facing any repercussions. This legislation is designed to address the growing concerns over employee burnout and the blurring lines between work and personal life, especially in the era of remote work and constant connectivity.

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Key Provisions:

• Applicability: The law applies to businesses with a certain number of employees, varying by jurisdiction.​

• Employee Rights: Employees can refuse to engage in work-related communications outside of their scheduled hours.​

• Employer Obligations: Employers must establish clear policies outlining expectations regarding after-hours communication and ensure that employees are aware of their rights.​

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Implications for Small and Midsize Business Owners

While the intention behind the Right to Disconnect is to enhance employee well-being, it presents several challenges for business owners:​

• Operational Adjustments: Businesses may need to restructure workflows to accommodate the restricted communication windows, ensuring that tasks are completed within standard working hours.​

• Policy Development: It's essential to develop and implement clear policies that comply with the new law, detailing acceptable communication practices and respecting employees' rights to disconnect.​

• Training and Awareness: Managers and supervisors should be trained to understand and uphold the law, fostering a culture that respects boundaries and promotes compliance.​

Real-World Example

Consider a midsize marketing firm that previously expected employees to respond to client emails during evenings and weekends. With the Right to Disconnect law in effect, the firm revised its policies, setting clear boundaries for after-hours communication. They implemented scheduling tools to manage client expectations and ensured that urgent matters were addressed during business hours. As a result, employee satisfaction improved, and the firm maintained its productivity levels.​

Steps to Ensure Compliance

• Review Existing Policies: Assess current communication practices and identify areas that may conflict with the new law.​

• Develop Clear Guidelines: Create comprehensive policies that outline acceptable communication times and methods, ensuring they align with legal requirements.​

• Educate Staff: Conduct training sessions to inform employees and management about their rights and responsibilities under the law.​

• Implement Technological Solutions: Utilize tools that schedule communications during working hours and prevent after-hours notifications.​

• Monitor and Adjust: Regularly review the effectiveness of the policies and make necessary adjustments to address any challenges or changes in the law.​

Conclusion

The Right to Disconnect law represents a shift towards prioritizing employee well-being and work-life balance. For small and midsize business owners, adapting to this change is not only a legal obligation but also an opportunity to foster a healthier, more productive workplace. By proactively updating policies and practices, businesses can navigate this new landscape successfully.​

Call to Action

Navigating new labor laws can be complex, but you don't have to do it alone. If you need assistance in understanding and implementing the Right to Disconnect legislation within your business, contact the Law Office of Yoel Molina, P.A. Our expertise in business and corporate law ensures that your company remains compliant and thrives in the evolving legal environment.​