Can I Clean Tenant's Apartment? - Landlord Forum thread 326104

Can I Clean Tenant's Apartment? by Sandra (VA) on October 21, 2014 @20:31

We have a tenant in an apartment attached to our house that decided to break her lease early and move. (Without discussing this with us.) The lease ends on December 1.

She did pay for the month of October, but she hasn't been back to the apartment for two weeks. The electric is still on so we can't say it has been abandoned.

According to the lease, we can show the apartment starting on November 1. We informed her of this last week and received no response.

The trouble is that the apartment is a complete mess. The floors are covered with trash and clothes. The kitchen counters are covered with empty wine bottles. Etc, etc. No real damage that we can see, just incredible clutter. (Yes, we peeked through the windows.)

We are concerned that the state of the place will turn off good tenants. Can we clean up the trash and box the clothing if our tenant doesn't clean up the place before November 1 so that we can show a decent place? Do we need to inform her that we will be doing this cleaning in order to show the place?

As many of you might understand, we are worried we will have a vacancy for the winter months if we can't present the apartment in a good light. It's a nice place in a good location and we want a good tenant since we live next door.

Additionally, we explained to her that the sooner we can rent the place, the sooner she would not be responsible for the rent. Unfortunately, this did not seem to be a concern for her.

Thanks in advance and we have only two rental properties, if that makes a difference in accordance with Virginia law.

[ Reply ] [ Return to forum ]

Re: Can I Clean Tenant's Apartment? by Anonymous on October 21, 2014 @20:38	[ Reply ]

Your best course of action would be to communicate with the tenant and have them officially turn the property back over to you in writing. Basically, this would be an agreement between both parties, signed by both parties, stating that the lease is hereby terminated on X date. If the tenant refuses to communicate with you, then since she is paid through October, you post a pay or quit notice as soon as November's rent is late and then proceed with the eviction. You may post 24 hour notice and enter the property, but under no circumstances should you disturb the tenant's belongings even if you consider them to be trash. Right now, the tenant still has possession.

Re: Can I Clean Tenant's Apartment?

Re: Can I Clean Tenant's Apartment? by Bill on October 21, 2014 @21:28	[ Reply ]

I assume that you are holding a deposit that will fund the cleaning, cleaning supplies, repairs and damages. And, I assume you will be adding $20 per hour for your labor. What that said, wait out the lease and do not begin anything until November 1st. The tenant could take you to court over the deposit refund or lack thereof to say she intended to return and do the cleaning herself. If any of the deposit does remain after all other cost have been deducted you may retain that amount for unpaid rent if your state law allows that. Most do. Be sure to get the Security Deposit Settlement Statement out showing a negative balance. Do it by receipted, certified mail. Most states require this to go out within 30 days. If you have no forwarding address for your tenant, send it to the rental and then retain the letter unopened when it returns. After November 1, you are under no obligation to communicate with your tenant in any way and it is advisable not to other than sending out the statement.

Re: Can I Clean Tenant's Apartment?

Re: Can I Clean Tenant's Apartment? by Monica (Ohio) on October 22, 2014 @01:49	[ Reply ]

Tenants rent is current for the month and she still has possession. You can not doing anything until November 1st or until she gives you the keys and possession. Wait until then before you do anything.

Re: Can I Clean Tenant's Apartment? by Nicole (PA) on October 22, 2014 @11:27	[ Reply ]

I realize you say she hasn't responded to you but, however you have traditionally contacted her - telephone, text, e-mail - get in touch with her AND BE NICE. Tell her you need to meet with her for a few minutes of her time to "finalize" her exit. Get her to sign a paper that says she returns possession and the keys to you and anything remaining is yours to dispose of as you wish. If she says she is coming back to clean, decide for yourself if you want that to happen or if you can nudge her out the door by volunteering to do it yourself. Of course you can't charge for it if you "volunteer" but you'll have possession and will know it will be ready by Nov. 1. If she wants to do it, she can be in there on Halloween at 11 p.m. cleaning and you have no control over that. By you doing it, you will have the house 1.5 weeks early.