Mitigating Property Damage ???

Question

I just gave a tenant a 30-day notice to vacate.  Actually the 30 days starts on 09/01, but as a courtesy, I told her the clock would start on the 1st, so I basically have her a couple extra weeks to make arrangements.

I've heard many a tale about tenants doing severe damage when they find out they're having to vacate.

Is there anything at all I can do to lessen the chances of intentional damage to the unit???

What's your experience of tenants damaging units before leaving?

Marcia Maynard · Answer

@Mark Douglas, as @Kyle J.advises, give the tenant move-out instructions. We actually give tenants move-out instructions on the day they move in. Our move-out packet consists of 1. Notice to Vacate (that the tenant completes and gives to us) 2. Move-out Instructions 3. Cleaning Check List 4. List of Common Charges (which gives them incentive to leave the place in good shape.)

Here is our Move-Out Instructions sheet, you may modify it for your own needs:

MOVE-OUT INSTRUCTIONS

WHAT IS PROPER NOTICE?

You have a month-to-month tenancy.By law you must give us written notice of your intention to move at least twenty (20) days prior to end of your last month.If your plans change and you cannot move out on the day you designate, please let us know as soon as possible. We will charge you for any additional days you stay.

WHAT IS REQUIRED TO GET YOUR SECURITY DEPOSIT BACK?

To get a complete refund of your security deposit you must:

• Remove all your personal property from the      premises
• Leave the premises clean
• Leave the premises without damage, normal wear      and tear excepted
• Pay in full for all rent, fees and utilities as      due
• Return all keys (originals and copies)

Our wish is to return all of your security deposit.

We trust you will leave the premises in such condition that we are able to do so.

Cleaning.

Please remove all belongings from premises.Clean all surfaces, walls, doors, inside and outside cabinets, inside and outside appliances, lighting fixtures, bathroom fixtures, windows – panes, tracks, sills, blinds. Vacuum and sweep the floors, outside steps and walkway.Weed the garden bed.

Before attempting to clean stains from carpets and other surfaces, please call us so we can recommend suitable cleaning methods.Do not attempt to clean carpets with a shampoo machine as doing so may cause damage to the floor covering and the floor beneath.

Utilities.

You are responsible to pay for utilities through the last day of your rental period.Call the utility companies in advance and let them know the date of your last day of tenancy.Be sure to change mail delivery and subscription services to your new address.

Inspection.

Please let us know when you have vacated the unit and make an appointment with us for a final walk-through.You are not required to be present for the move-out inspection, but we highly encourage it.Before we begin the inspection, we will ask you about any known damages that occurred during your tenancy.Please note, it is often less expensive for us to repair damages than for tenants to repair damages, so talk to us first before attempting to repair any damage.The unit should be thoroughly clean both inside and outside and be ready for the next tenant.

Final Report on Deposits.

Within fourteen (14) days of our regaining possession of the unit, we will mail to you a complete written accounting of any money withheld from your security deposit and return the remainder.We will deduct for extra cleaning, damages, unpaid fees, unpaid utilities and unpaid rent, if such apply to your situation.Please provide us with your new address.Thank you.

Account Closed · Answer

Be sure and follow the rules for where the property is regarding any required move-out inspections or time frame for mailing them the itemization of deductions and return of their deposit.  Even if they leave the place trashed, some laws say you can't keep their deposit if you didn't follow the move-out/security deposit laws to the letter.

I never had a tenant trash a place.  I did have a few that left it really dirty.  There was never any intentional damage.  If you are kicking out a tenant because of problems, what I did in that case, was talked to them and told them if they left the place really clean and removed all of their stuff from the property, they'd get their full deposit back.  A couple times I told them I'd hand them their deposit check when they gave me the keys, if they'd left it empty and clean.  I also told them they could move out sooner with no penalty.

They didn't always do a perfect cleaning job, but as long as it wasn't ridiculous, I'd go ahead and give them their full deposit.  I felt it was an accomplishment to get them out without major drama or damage, and it worked for me and the owner I worked for to do it this way, and I never had to use the court system to get a tenant out.

Mark Douglas · Answer

Sue K.  Definitely, I like that idea of incentivizing them to leave the place in a decent condition.  Based on previous inspections, it certainly isn't the cleanest place in the world, but there haven't been any glaring damages.  Hoping for a smooth exit!  Thanks !

Marcia Maynard · Answer

@Mark Douglas. We've had success with out-going tenants not damaging the property, even when they were being evicted, by remaining polite and respectful. When we are in a position where we are forcing the person to move (eviction or not renewing the lease), we try to make the process easier for the tenant by providing moving boxes, tape, and large 3 mil garbage bags. If there is any built-up animosity, watch your property like a hawk. Be sure you have a completed move-in inspection check-list and do periodic inspections during tenancies, so you have something to compare against after the move-out.

We also use a Return of Possession form, which makes it clear the property is back in our possession and captures the tenant's forwarding address. We get a copy and the tenant gets a copy. Here is that form:

RETURN OF POSSESSION & REFUNDS

[Your name, address and phone number goes here]

Tenant: ____________________________________________________________

Rental Unit Address: _________________________________________________

The tenant returned possession of the premises (as stated above) to the landlord on the date of ____________________ and attests that they have returned ALL sets of keys to the landlord.

The tenant attests they have removed from the property all personal belongings.If anything was left by the tenant and later found, it shall be stored and/or disposed of by the landlord as per law.

Security Deposit:As per agreement and as required by law [cite the law for your jurisdiction here] [ours states: within fourteen (14) days after the termination of the rental agreement and vacation of the premises or the landlord’s learning that the property has been abandoned, the landlord shall mail to the tenant’s last known address a full and specific statement of the basis for retaining any of the deposit together with the payment of the refund due the tenant under the terms and conditions of the rental agreement.]

The tenant paid a security deposit of ___________, which will be considered for this purpose.

New address provided by tenant: ________________________________________

_________________________________________

Telephone provided by tenant: _________________________________________

______________________________________________________________

Landlord Signature, Date

Tenant Signature, Date

Mark Douglas · Answer

@Marcia Maynard  Thanks so much for this!  Definitely going to use/tweak this.

Mark Douglas · Answer

@Vitaliy Merkulov  Thanks for the lead, I'll look into that!  It's really unfortunate they way some people treat others' property.

Mark Douglas · Answer

@Ralph R.  Agreed!  In this case, this is an inherited tenant, so I didn't get a chance to initially screen her.  However, I did a short-term lease agreement, so it'll work out fine to just not renew.  I'm doing full screenings from this point on, but I purchased the building with them already in there.

Mark Douglas · Answer

@Kyle J.  Thanks Kyle, I never thought to actually EXPLAIN how they should leave the unit.....I just assumed they'd tidy up.  I guess time will tell what their character is like.  The $500 deposit may not go very far though, so I hope they don't take anything out personally on the unit!

Thanks !

Kyle J. · Answer

It's always possible that a tenant could do damage before they move out. Afterall, they still have possession of the property during that time.

Hopefully they're not the type of person who would do something like that, but you never know.

I'd explain to them that you're sure they want their full deposit back, and you'd love to give them their full deposit back because that means they left the property in perfect condition like it was when they moved in. And then explain to them exactly what your expectations are for how they leave the property so you guys are on the same page.

Mitigating Property Damage ???

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