It’s a sticky situation dealing with a messy tenant. Having a renter who piles trash on their porch or leaves an offensive smell permeating the hall from their door is alarming for any landlord.
A tenant who lives in disarray is not the type of renter you were expecting. However, you can’t really predict anyone’s living preferences. We get that these tenants are a pain, and they’re going to be costly too with the clean-up.
We’re here to tell you that it’s going to be okay! Use this article as a guide to coping with a messy tenant and learn how to avoid this situation in your future leasing endeavors.
Incorporate a Cleanliness Clause in Lease Agreement
Did your last tenant leave your rental in a gut-job-like state? Unlike property management companies, landlords generally don’t have the kind of resources to flip their rental after a messy tenant moves out.
Creating a lease agreement with a cleanliness clause can help mitigate the risk of a messy tenant moving in. In the clause, make sure that you explicitly state what’s expected of the tenant. Make it clear that tenant safety is of utmost importance and that the apartment should be routinely cleaned with reasonable care. If you need assistance creating a lease, Apartments.com can help. Create a fully customizable lease agreement that suits your property and your standards. It is your right as a landlord to include personalized clauses in your lease, as long as they comply with state laws and local regulations.
Provide your tenant with a cleaning checklist about a month prior to the moving out. A move-out checklist should be stated in the lease, and will hopefully motivate them to clean to get their security deposit back.
Cleanliness Clause Talking Points
- Property State. Discuss how the tenant should leave the property on move-out day, such as equal or better conditions than the way he or she found it.
- Areas to Clean. Make a list of all the areas of the home that you expect your tenant to clean, such as the bedroom, bathroom, kitchen, dining room, laundry room, porch, etc.
- Trash Day. Now, this may seem like a no-brainer, but it should be stated in the cleanliness clause. Make sure your tenant understands what day the trash needs to go out to be picked up. Clearly list the acceptable disposal sites and their locations (i.e. trashcan at curb, dumpster, front door with valet waste, city dump).
- Prevention of Mold, Mildew, and Pests. State in your lease what a tenant needs to do if they spot mold, mildew, or pests roaming in their apartment. Mold and mildew may just be from increased moisture in a small room that has nowhere to escape, rather from a tenant’s negligence. An influx of pests could be the result of warmer temperatures. Be sure to state how to contact you if there is a presence of mold, mildew, or pests in the apartment.
- Hiring a Cleaning Service. You should state in your lease if you plan on hiring a cleaning service during or after the lease ends. If you plan on having the tenant foot the bill because they didn’t pass the move-out inspection, make sure that gets stated in the lease.
Hoarding Signs and How to Help
There’s a big difference between a messy tenant and one who hoards. Hoarding is actually a mental health disorder, according to the American Psychiatrist Association, and therefore is a protected class with the Federal Housing Authority.
Messy tenants are just messy. They may leave their dishes uncleaned for days in the sink and on the stove, and their dirty clothes piled high to resemble a mini-mountain in the corner of the room. Hoarding is an entirely different situation. Landlords need to react with care and know how to help their tenant in this situation.
Warning signs of a hoarder:
- Strong smell emitting from rental
- Increase in pests to the point of infestation
- Observed structural damage below or in adjoining units
- Repeated denied access into the apartment
If you have reasonable cause to believe your tenant is a hoarder, you’re going to want to see for yourself. You can’t force entry unless it’s an emergency situation, or you state in the lease that you can enter the apartment for mandatory inspection if proper notice has been given.
If the tenant doesn’t acknowledge the request, you may have to go through the court system to legally evict them due to a breach of lease. The health department and fire department will need to get involved, but it’s in your best interest to be empathetic in the process. Don’t react negatively and try to be as understanding as possible – a great way to help your tenant.
While it’s a tough spot to be in as a landlord, dealing with messy tenants is something you’re going to have to cope with from time to time. Again, you can’t predict how one chooses to live, but you can create a solid cleanliness clause to protect your rental and reduce the chances of leasing to a messy tenant.
