Can you add cleaning to a lease?

[Troy Froistad]

Hello,

I have a great relationship with our long-term tenants in our multifamily. They have each lived there between 5, 10, and 20 years. I've owned the building for 5 years now. I've asked them to clean their apartments on multiple visits but I am seeing little to no progress. Their living conditions are unsanitary and could invite rodents, bugs, or just unhealthy living conditions in general. Their lack of cleaning is causing additional wear and tear on the property. I want to add a cleaning service to their next lease. Is there any legal guidance suggesting I can or cannot do this? They have shown they either don't understand the cleaning requirements or are unable or unwilling to clean to a reasonable standard. I plan to ask my lawyer as well but wanted to hear what the BP community is doing in these situations.

Thanks,

Troy

[Benjamin Aaker]

You can add this to the lease. Just consider how you will enforce it. You might want the landlord to provide cleaning services and the tenant has to open the unit to the cleaner. Then set up a bill-back for this service.

Make sure the cleaners know what they are getting into. This sounds like it might be more than a simple weekly cleaning. 

[Pat Parrillo]

Hey @Troy Froistad,

A cleaning provision isn't standard, but that doesn't mean it can't be done. Below is my understanding but recommend confirming all of this with an attorney.

Lease Terms and Updates: In Wisconsin, you can add clauses to the lease that spell out cleanliness expectations or even include a cleaning service if needed. If tenants don't meet those standards, it could be considered a lease violation. Just make sure any new lease terms are clear and agreed upon by the tenants.

Nonstandard Rental Provisions: You can add provisions requiring tenants to pay for cleaning services if they can't keep things up to standard. This needs to be highlighted in the lease and acknowledged by them.

Security Deposits: You can’t use their security deposit for routine cleaning, but if they leave things in bad shape beyond normal wear and tear, it’s fair game to deduct cleaning costs.

I’d start by having a straightforward talk with them about the importance of keeping things clean for health reasons and property preservation. When the lease comes up for renewal, consider adding a cleaning service option, with costs passed on to them if it’s needed. Similar to what Benjamin Aaker shared. 

Definitely check in with your lawyer to make sure everything’s above board, but these steps should help you handle the situation while keeping the tenant relationship intact.

Hope this helps!

[Michele Fischer]

Interesting topic.

We had a long term tenant who went from taking good care of the unit to letting it become a pigsty inside and out.  She was having significant anxiety and personal problems and once she lost control of it she could not regain any ground.  She had too many belongings and it is really hard to quantify clutter much less cleanliness.

This to say that one deep cleaning may help get them on track, on-going visits may be successful, or you may need different tenants because a lot of people don't know how to clean.

[Troy Froistad]

Thanks for the feedback. I've got some things to put into place before this is final, but I think it's going to work. The tenants may even appreciate the service. We will see.

[Nathan Gesner]

Quote from @Troy Froistad:

Thanks for the feedback. I've got some things to put into place before this is final, but I think it's going to work. The tenants may even appreciate the service. We will see.

This has me worried. Are you providing a service to help the tenants abide by the contract and basic living standards?

Your first post had me worried. Any time I hear that a tenant has lived in the same rental for 10+ years, I get suspicious. Tenants typically stay that long because (a) the rents are way below market and they can't give up a good deal, or (b) they are bad tenants who enjoy the freedom of living under a weak landlord. It's typically both.

I bet dollars to donuts your tenants are paying less than the rentals are worth and they are trashing them. You are losing money every month, and you will lose significantly more when they finally move out or you try to sell.

The correct answer is to stop trying to fix them. They can't live clean, so get rid of them. Clean the place up, then rent it at market rate to tenants that know how to maintain a home.

Any time you have a lease violation, you should follow a simple process. Give a written warning and demand they correct the violation within X days. Inspect to verify compliance. If they don't comply, get rid of them.

I don't micro-manage tenants about how they live. If they have mattresses on the floor, never hang up their clothes, and leave beer cans all over the place, that's their issue. But I draw the line when there is risk of damage to the property, annoyance to the neighbors, health concerns, pests, etc.

[Henry T.]

I have one of those. Been with me for over 10 years. Nathan is right. My guy is under market. Not a hoarder, he's organized. But everywhere is dirt. You don't even want to touch a door or cabinet handle, not to mention corners of the house or bathroom floor. Gross! To top it off people like this, that are so normalized to their filth don't understand why deep cleaning eats their entire deposit. A set of pictures usually resolves that issue. I do inspections regularly and make suggestions, but nothing changes. I'm ok with my guy for now, if he leaves, that house will be sold (I'm thru with Seattle) and I'm not ready to ditch this place yet. If there's garbage doing damage around the house or  exterior, that's something to correct or evict.   If you want to keep your places looking sharp, try to time your turnovers around 5 years or so. Its' not the rule but certainly common that filth grows with long term tenants. Then when the rats come ITS YOUR FAULT(sarcasm). Nathan is spot on.

[Troy Froistad]

Great perspective. I love hearing the hard truth. I was focused on fixing them. Sounds like I’ve got more to consider here. Thanks for chiming in.

[Mackaylee Beach]

It’s essential to have a protocol in place for these scenarios. Ensure that you issue the necessary notices and keep thorough records of everything!