Dirty Tenants are Risky Business!
Dirty tenants can be landlord’s nightmare, and oh boy, are they expensive! They can bring down the real and perceived value of your rental property.
Unclean living conditions will not only damage the property, but they will attract bugs and rodents, and ultimately make it very difficult to re-rent. If you learn to spot a dirty tenant before they become your tenant, you will be able to save yourself a lot of grief.
If it’s already too late, and your property smells like a trash depot, then you’ll want to take action immediately. If your lease allows it, mandate that they clean up. If not, kick them out at the end of their lease. If they fail to clean at lease termination, you can hire a cleaning company and deduct it from their deposit – again, if your lease allows it.
What is “Dirty”?
Generally speaking, Landlords cannot dictate the cleaning behavior of a tenant unless they have reason to believe the tenant is violating health or fire codes, or causing damage to themselves, the property, or other people. With that said, if your lease states that the tenant must hire a monthly maid service, then that is a contractual expense which should hold up in court.
Examples of “Dirty Tenants”
- Anything from the TV show Hoarders
- Mold growing up the bathroom wall
- Animal feces not in a litter box
- Garbage in the house that is more than a week old
- Signs of rodents or roaches (learn how to kill roaches)
- A potent smell coming from the property
- Unsafe chemicals lying around the property
- Rotten food or dirty dishes that are never cleaned
- Appliances that are “sticky” to the touch and their performance is affected
- Junk piled up so that it blocks the furnace intake and prevents proper air circulation
- Anything that looks dirty enough that it could start the Zombie Apocalypse
Have a Rock-Solid Lease
In the multifamily rental industry (such as high-rise apartments), it is just easier to let the tenant trash the unit, and then just completely renovate after the lease ends. Large apartment buildings usually have on-site maintenance crews who can lay 2000 sq/ft of carpet before breakfast.
In my case, and most do-it-yourself landlords, money doesn’t grow on trees – therefore we cannot afford to replace the carpet after every tenant.
If the cost (consequence) of unclean habits is high enough, tenants will typically change their habits.
My approach is to be tough up front (in the lease) and then be more lenient when it comes time to enforce the rules. I’ve found that it’s impossible to force tenants to clean the carpets if you don’t have a clause in the lease that backs you up.
To help you, I’ve listed my favorite “cleaning” clauses at the end of this article. If you need a complete lease, make sure to buy one that is written specifically for your state.
The US and UK Regulations Differ
To my knowledge the Uniform Residential Landlord and Tenant Act (URLTA) does not prohibit US Landlords from enforcing general cleanliness in the lease. However, in the UK, the Unfair Terms of Consumer Contracts of 1999, says that a cleaning mandate is not “fair” to the tenant and creates a contractual “imbalance”.
Ignorant vs. Lazy Tenants
Ignorance can be Taught
Sometimes the issue is just that they don’t know how to keep a clean house. Perhaps no one has ever showed them! This is common with tenants who have just graduated college and are just learning how to live on their own. In this case, I think it’s important for you to show them exactly what you want cleaned and to what degree. Show them which cleaning brushes and chemicals work best for the various parts of the house.
When doing this, put aside any frustrations, and try to have a heart of a teacher. If you don’t judge them, nor act condescending, your tenants will actually thank you (seriously) for the quick lesson in “shower cleaning 101“.
Give a man a fish and you feed him for a day; teach a man to fish and you feed him for a lifetime.” – Lao Tzu
There is No Cure for Laziness
Other times, tenants don’t have the money to buy cleaning supplies, so they just don’t bother. If this is the case, they will be hardened to your help, nothing you do will motivate them to clean. You’ll just have to wait it out. At the end of their lease, you should refuse to renew their lease, hire a professional cleaning company, and then charge it back them.
Hopefully you wouldn’t rent to a flat-out-broke tenant in the first place, but it is indeed hard to screen a tenant for laziness.
3 Ways to Help Your Tenants Clean
1. Hire Maids:
EnsureI have a clause in my lease that allows me to hire a maid service, at my discretion, and at my tenant’s expense. I have used this clause before, to hire a monthly maid service to clean a mistreated rental property. When enforcing this clause, tenants typically become annoyed and insulted. Because they are insulted, these tenants usually don’t opt to renew their lease at term end. Hiring a maid is a win-win for me – the property stays clean and the dirty tenants don’t renew their lease.
2. Describe the Tenant’s Cleaning Responsibilities
Ensure that your lease describes the proper cleaning practices that you expect. I have some lengthy clauses that describe the cleaning tasks that my tenants are responsible for. You can enforce this clause under threat of eviction for a lease violation. I rarely ever want to evict a tenant, so I threaten to hire a maid service and bill the tenants for it. I even provide them with a checklist of common cleaning tasks – and which cleaning products work best. Most tenants don’t know how to clean an oven – and that Easy Off makes it a walk in the park.
3. Show Tenants How to Clean
At the beginning of the lease or whenever you have issues, tour the house with them and point out areas that will need regular cleaning. If they look confused, show them how to properly clean it. Remember, this is your property, and everything will last longer if it is cleaned regularly. I commonly show tenants how to use a Mr. Clean Magic Eraser. I know it’s simple (get wet, rub on wall), but they often don’t realize how easy cleaning can be.
Applicable Lease Clauses
I use the following clauses in my leases to identify with responsibilities and general cleanliness in my rental properties. These clauses give me “teeth” in the fight against dirty tenants.
SURRENDER OF PREMISES. Tenant(s) have surrendered the Premises when (a) this Agreement expires; (b) the expressed move-out date has passed and no one is living in the Premises within Landlord’s reasonable judgment; or (c) all Premises keys and access devices have been turned in to Landlord – whichever comes first. Upon the expiration of the term hereof, Tenant(s) shall surrender the Premise in better or equal condition as it were at the commencement of this Agreement, reasonable use, wear and tear thereof, and damages by the elements excepted. If a professional carpet cleaning is required to restore carpets to the condition found at the commencement of this Agreement, Tenant(s) must hire, coordinate, and pay for this service. If Tenant(s) fails to accurately assess and restore the Premises, and all subsequent elements, to condition found at the commencement of this Agreement, less normal wear and tear, Landlord can hire professionals, at Tenant’s expense, to fulfill Tenant’s responsibilities.
CLEANING. Tenant(s) is responsible for cleaning all areas of the Premises, including but not limited to, living room, dining room, kitchen, hallways, laundry room, bedrooms, closets, bathrooms, outdoor walkways, and parking spaces. To prevent the infestation of rodents and insects, Tenants must remove any collected trash and food waste from the Premise at least once a week. Carpets and Rugs must be vacuumed at least once a week. Hardwood floors or Tiles must be swept once a week. Bathrooms must be cleaned regularly, and as frequently as needed, to prevent the formation of mold and mildew. If Tenant(s) does not clean adequately and regularly, Tenant(s) will be liable for reasonable cleaning charges – including charges for cleaning carpets, draperies, furniture, walls, etc. that are soiled beyond normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident, or abuse). Landlord reserves the right to hire a recurring Professional Cleaning/Maid Service if Tenant(s) are not keeping the Premises in clean/sanitary order at Landlord’s own judgment. This expense will be the responsibility of the Tenant(s).
MAINTENANCE AND REPAIR; RULES. The Premises and other areas reserved for Tenant’s private use must be kept clean. Tenant(s) will, at his or her sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant(s) shall:
- Keep all air conditioning filters and window units clean and free from dirt;
- Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, hair, ashes, fabric towels, paper towels, diapers, baby wipes or other similar substances to be thrown or deposited therein. Any damage to any such apparatus, resulting from misuse, and the full cost of clearing stopped plumbing shall be borne by the Tenants. Any plumbing costs associated with snaking clogged sinks, toilets, showers, bathtubs, or drains will be incurred jointly by the Tenants;
- Deposit all trash, garbage, rubbish or refuse in the locations provided and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements.
- Any minor repairs under $25.00 in cost, caused by normal wear and tear, to Tenant’s rented space, shall be paid for and repaired by Tenant(s). Such repairs include but are not limited to: light bulbs, door knobs, broken windows, holes in walls, etc. Any major repairs over $25.00 in cost, caused by normal wear and tear, to Tenant’s rented space, shall be paid for and repaired by Landlord, however the first $25.00 of the repairs shall be paid for by Tenant(s). Tenant(s) are responsible for replacing expired light bulbs and smoke detector batteries. With Tenant’s approval, Landlord can repair any minor damage during the time of this agreement without extracting from the Deposit monies, at the cost to Tenant(s) of $25.00 per hour of labor plus cost of materials.
- Any major damages resulting from activities in excess of normal wear and tear, abuse to the property, negligence, or due to a lack of general common sense, can and will be charged to the Tenant(s) and/or deducted from Security Deposit monies;
- Any damage done to appliances resulting from negligence will be paid for by the Tenant(s). This includes but is not limited to: damage to clothes washer and dryer due to coins or debris left in pockets or failure to regularly clean the lint trap, damaged A/C units because of blocked air intake, and damaged refrigerator because of overfilling or blocking of air flow.
Forums & Related Articles
Here are some quality forums and articles that talk about dealing with dirty tenants: