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Updated almost 12 years ago,
Damage clauses
I have examined many leases and I have never seen an expressed complete clause whereby the tenant damages the property and the landlord receives compensation immediately. I do not want to wait till they vacate and have to make due with the forfeited deposit. Below is a clause that I have adapted from various contracts, and added stuff of my own. Please critique it, and let me know what you all write to protect yourselves. I have not yet used this clause in a contract.
Damage to premises
The Tenant agrees to keep the Premises, together with the fixtures, furniture, and appurtenances therein, in a clean and sanitary condition, in good repair, and free from vermin and rodents at the Tenant’s expense. The Tenant shall return upon expiration or termination by any other means of this Lease the Premises to the Landlord in the same condition as at the date of the execution of this Lease, except for reasonable wear or alterations or repairs by the Landlord. Tenant agrees to keep all appliances furnished by the Landlord in good condition, except for ordinary wear from careful usage on the part of the Tenant.
In the event the Premises is not maintained in this manner by the Tenant the Landlord may enter the Premises and return it to good condition and the Tenant agrees to pay the expenses of the Landlord in so doing in addition to the rent agreed to herein.
Damage to the Premises must be reported to the Landlord so that repairs can be commenced by the Landlord at his earliest convenience and discretion. The Tenant agrees to financially compensate the landlord for any repairs that are made to the Premises for damages that occur due to the Tenant’s act, omission, or neglect of the Premises. In the event of an unforeseen occurrence the Tenant agrees to mitigate damage to the Premises by turning off water, electricity, or gas if necessary.