HOW TO AVOID A HUGE MOVE-IN MISTAKE
The function
of a security deposit is to provide some assurance that a tenant will return a
rental property to its original state (or pay for any necessary repairs). However,
one common mistake will diminish the property owner’s ability to apply deposit
deductions.
Let’s say
that you have a verbal agreement with a tenant that, as landlord, you will repair
a garbage disposal, clean the carpets and apply a fresh coat of paint to the
bathroom. The soonest that these repairs can be made is one week after the desired move-in date. Upon
occupying the unit, the tenant takes photos which highlight its current state
of disrepair. You just lost the ability to collect full reimbursement for
damages from the security deposit. When the lease expires the tenant has a
justifiable reason to refuse deposit deductions, as they can fairly argue that
they returned the unit to its original condition. You may very well have upheld
your verbal agreement, and the tenant benefited from the repairs made to the unit,
but under these circumstances a judge will rarely be swayed to demand
reimbursement for damages.
Do not allow
a new tenant to move-in to a rental unit until it is cleaned and repaired as
needed. Conduct a walk-through with the tenant and itemize a move-in/move-out
agreement. This agreement must contain language as required by the Warrant of
Habitability Law and should be signed by both the landlord and tenant prior to
move-in (and then again during the walk-through at move-out). Keep the
agreement, and any photos of the unit, with the lease contract in a safe or
locking filing cabinet.
RSI provides
access to many such documents for rental property owners. To download a
standard Move-In Move-Out agreement, select the following link: Tenant
Move In Move Out Inspection
Comments
Post a Comment