Tenants Left Behind a Complete Mess!
One of the most common complaints landlords voice is that tenants have left the rental property a mess after moving out. If you've just received the keys back, only to find that your property has been left in a state of total disarray, you may be wondering how to proceed.
Do tenants need to deep clean a rental property before moving out?
Firstly, the Residential Tenancies Act specifies tenants must maintain "ordinary cleanliness" of a rental property. While tenants aren't required to have a rental property professionally cleaned prior to moving out, they should make an effort to return the property in the same condition they received it. If you notice new stains, left-behind garbage, or worse after a tenant's move-out, proceed by reaching out to the tenant.
If tenants haven't returned the unit in a state of ordinary cleanliness, notify them!
Reach out to your tenants as soon as possible to determine who will be responsible for the costs. Whether that's them sharing a portion of the cleaning or repair costs or the full amount, you'll need to open that dialogue with the tenant. Be sure to share some photographic documentation of the property’s damages or uncleanliness. It doesn't hurt to be transparent and share the cleaning or repair invoices with them as well.
What if the tenant refuses to pay for their share of cleaning or repair charges?
Ideally, the tenant will agree to pay their share of cleaning or repair charges when they've left behind a considerable mess. Of course, some tenants aren't as agreeable and they may refuse to pay for the extra charges. This is why it's important to have a thorough move-in and move-out inspection process with tenants. If you have documented proof of the tenant's damages and they moved out after September 21, 2021, you have up to one year to file a claim (L10) with the Ontario Landlord and Tenant Board to collect the money your former tenant owes. This process can also be used to collect unpaid rent, unpaid utility bills, charges related to NSF cheques, and costs related to substantial interference. That being said, you'll first need to consider whether the stress of attending a court hearing, paying filing fees, and perhaps even hiring a legal representative outweigh the charges you're seeking to recoup.
Normal wear and tear is the expected cost of business, but a tenant causing undue damage and uncleanliness certainly shouldn't be. Still, even if you've perfected your tenant selection process, situations like these are bound to happen over the course of a landlord's career. Even so, thorough documentation, communication, and even utilizing the proper legal channels may be the key avoid being left with the bill at the end of it all.