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Friday, April 23, 2004

Lease May Not Require Clean Sweep

by M. Anthony Carr

Most leases I've seen require tenants to leave the property "broom clean" when they move out. This has been a point of contention between many landlords and their renters, basically because one person's "immaculate" is another person's "broom clean."

A couple of definitions of "broom clean" from online real estate glossaries put it like this:

"Ready to be cleaned and painted. The term does not mean immaculate or spotless or even necessarily clean." -- goApply.com

"The ideal condition of a building when it is turned over to an owner or tenant." -- 1HomeRebate.com
As you can see, these definitions are not hard-fast rules. I've seen some post-tenant cleanups so spotless that I felt guilty as the landlord. The carpet had been shampooed; kitchen and bathroom floors mopped and waxed; bathroom fixtures were sanitized; and various other tasks completed that I didn't even expect from the tenant moving out. They would generally explain they wanted to make sure they got all their deposit back. (These were the tenants you wanted to keep, of course.)

I had one bachelor move out and it was an amazing event when I did the walk through with him before he moved. He was grinning ear to ear over his "house cleaning."

The kitchen had crumbs throughout; the bathtub had a film of soap scum and mildew had made its way into every crevice of the shower stall; there were fleas throughout (I was one of those benevolent landlords that allowed pets); and a broom had not passed over the balcony or storage closet in some time. He was very proud. All I could imagine was what the place must have looked like before he had completed his chores.

So when does a landlord keep some of the deposit? Actually, there are no rules or regulations that determine this. It also depends on a comparison of the walk-through sheet when the unit was first rented out and what it looked like at the end of the lease.

If the dwelling had undergone normal wear and tear, the full deposit would be returned. Normal can be a point of view, however, it usually means that when the tenant moves out, the unit needs a deep cleaning, there are no holes in the walls (except for picture nails, etc.) and the flooring has not been overly damaged.

RentLaw.com has a great walk-through form (free) in a Word document that includes this checklist that can be used by both the landlord and the potential tenant. It makes sense to look over the unit VERY CAREFULLY and be particular about every little mark, scuff, missing tile, etc.

Make notes on the condition of each room -- look for:

Scratches in hardwood floors
Burn marks/tears in carpets
Missing tiles in bathroom
Ripped screens in windows -- missing glass
Holes/scratches in walls (pinholes, patched over areas etc.)
Faded paint (just note it) -- rubbed off paint etc.
Burn marks on counters/scratches (rub your hand along the counter (if it's clean)
Loose fixtures (ceiling, wall etc.)
Make sure all outlets have covers and receptacles.
Heat and if provided air conditioning. Turn on the units
Kitchen Stove -- turn it on. Inspect for cleanliness
Refrigerator -- ice box and main area -- is it cold? Clean?
Kitchen Cabinets -- scratches, cleanliness, grime
Kitchen Exhaust over stove -- turn it on. Are filters clean?
Bathtubs/showers -- turn them on. Hot and cold water. Water Pressure. Cracks. Grime.
Toilet paper holder
Flush the toilet – do they work?
As the tenant, be sure to pull out this form when you are moving out to see what has happened over the time that you've been in the unit -- it could be what gets you your deposit back. As the landlord -- this form can help you recover expenses you'll have to put out to get the unit ready again for the next tenant.

Published: April 23, 2004

Related Articles:

Fair Housing Important Part Of Rental Process

Rental Concessions Landlords May Consider

A Handy Guide To Understanding Lease Proposals

Landlords Typically Reject Tenant Improvements

A Clearly Written Lease Proposal Can Make You Wealthy

Mr. Carr has covered real estate for more than 15 years. He is authoring “Street Guide to Real Estate,” due out 2004 through www.AmacomBooks.org. He can be reached via email at manthonycarr@erols.com.

Copyright © 2004 Realty Times. All Rights Reserved.

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