When tenants vacate a rental property, the condition in which they leave the premises can have a significant impact on both landlords and future occupants. A dirty house left behind by departing tenants can present a host of challenges and inconveniences.
It not only requires extensive cleaning and maintenance but can also result in disputes over security deposits and the overall reputation of the property. The cleanliness and state of the house left by departing tenants play a pivotal role in ensuring a smooth transition between occupants and maintaining the integrity of the rental property.
This post explores the responsibilities of property managers and tenants when cleaning house. Take a look.
Landlord vs. Tenant: Who Is Responsible for Cleaning Between Tenants?
The responsibility for cleaning between tenants is typically outlined in the tenancy agreement between the landlord, aka the property owner, or manager, and the tenant. Although, the specifics may vary depending on the terms of the tenancy agreement.
However, according to Ipswich’s property management agencies and other parts of Queensland, it’s generally the tenant’s responsibility to leave the property reasonably clean. Not only that, but it should be left in the same condition as documented in the Entry Condition Report, with allowances for fair wear and tear.
As such, it’s essential for both landlords and tenants to understand their obligations and rights under Queensland tenancy laws.
However, there are some general guidelines set out in the Residential Tenancies and Rooming Accommodation Act 2008 that help determine responsibility:
Entry Condition Report
Before a tenant moves in, both parties should complete an Entry Condition Report to document the property’s condition. This report is crucial in determining whether the tenant was able to return the property to its original condition at the end of their lease, especially if the property was equipped with a particular service, such as a separate electricity meter.
Fair Wear and Tear
The tenant is responsible for ensuring the property is reasonably clean and in the same condition as documented in the Entry Condition Report. The only exception to the rule is fair wear and tear, which are the changes that occur with aging, normal use, and exposure to the elements.
Professional Cleaning
It’s common for landlords to arrange for professional cleaning services, especially for certain areas like carpets or drapes, and include the cleaning fees in the tenancy agreement. In such cases, the tenant may be required to return the property in a similarly cleaned condition.
Security Deposits
The security deposit, or bond, can be used to cover cleaning expenses if the property isn’t returned in an appropriate condition. However, any deductions from the deposit must be fair and reasonable, and both parties should agree on the amount.
What Should a Landlord Do When a Tenant Leaves Behind a Mess?
When a tenant has left a mess in a rental property, property managers should follow a series of steps to address the situation while adhering to the legal requirements:
- Document the Condition
Start by thoroughly documenting the mess left behind. Take clear photographs and make detailed notes of the actual damage or uncleanliness, which will serve as evidence in case of disputes.
- Review the Entry Condition Report
Compare the current condition of the property to the Entry Condition Report completed when the tenant moved in. This report should outline the initial state of the property, helping determine whether the mess exceeds normal wear and tear.
- Communicate with the Tenant
Contact the tenant via written communication to discuss the condition of the property and any necessary cleaning or repairs. Request that they rectify the issues or reach an agreement on how to proceed.
- Assess Cleaning and Repair Costs
Depending on the extent of the mess and any damages, consider whether professional cleaning or repairs are necessary. Ensure that any work done is in compliance with local laws and regulations.
- Use the Security Deposit
If the mess and damage exceed fair wear and tear, you may use a portion of the tenant’s security deposit to cover the cleaning and repair expenses. However, you must follow the legal procedures for deductions and notify the tenant within the required timeframe.
- Provide a Statement of Claim
If you intend to make deductions from the security deposit, provide the tenant with a Statement of Claim, outlining the reasons for the deductions and the amount being withheld. This must be done within the stipulated time frame, typically within 10 business days of the tenant vacating the property.
- Dispute Resolution
If there’s a dispute about cleaning between the landlord and tenant, the Residential Tenancies Authority (RTA) can provide assistance and dispute resolution services.
- Clean and Repair
Once the cleaning and repairs have been completed, ensure that the property is in a suitable condition for the next tenant to move in. Maintain records of all expenses related to the cleaning and repairs.
Finally, once the property is in a suitable condition, you can re-advertise it for rent and find a new tenant.
How to Prevent Tenants with Bad Cleaning Habits
An effective way to prevent tenants from leaving behind dirty houses is by fostering a positive landlord-tenant relationship. It should be based on clear communication and mutual respect to help promote a pleasant rental experience for both parties.
Here are some friendly tips for landlords to reduce the chances of this happening in the future:
- Do a thorough check of a potential tenant’s references, rental history, as well as background and credit checks
- Create lease agreements that clearly outline tenant responsibilities regarding the return of the property in good condition.
- Design a move-in inspection sheet that documents the property’s condition with photos and written notes and have both parties sign it and keep a copy for reference
- Schedule regular property inspections to assess the property’s condition and identify and address issues early
- Encourage open communication with tenants to report maintenance and cleaning issues promptly
- If tenants violate cleanliness provisions, address the issue promptly, following the legal process as necessary
- Consider offering incentives for tenants who consistently maintain the property in good condition, such as discounts on conventional rent, ability to pay rent 3-months in advance, or renewals
To Sum Up
Addressing the issue of a tenant leaving behind a dirty house requires good communication and adhering to proper procedures to ensure both parties follow the guidelines outlined in the tenancy agreement and local laws.
Overall, landlords need to be fair and use a friendly proactive approach. This will help them navigate these situations successfully, ensuring a cleaner and more harmonious rental experience for all parties involved.