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Real Estate News and Advice |
November 21, 2008 |
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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:
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:
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 Use of this article without permission is a violation of federal copyright laws. Related Articles:
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