Reducing Property Conditions Disputes
by Don Conrad
Landlord/tenants disputes happen from time to time, with the most common ones usually evolving like this: A landlord finds a tenant he or she likes and who seems to fit the qualifications the landlord desires. The landlord rents the unit to this tenant and the tenant assures the landlord that he or she is going to keep the dwelling clean and in good repair. At the time, the tenant likes the property and seems to trust and believe the landlord so the new tenant is confident the place is in sound shape. Because of the way they believe in each other, the landlord and tenant have silently said to themselves that there will be no disputes or misunderstandings that can’t be solved with a handshake. All is well.
Time slowly passes, until one day the tenant moves out of the rental and to the landlord’s dismay, leaves things in worse shape than the landlord had envisioned possible from his perfect tenant. The landlord holds back security deposit, leaving the tenants to think they are being taken advantage of. A dispute ensues.
Who’s right?
In these disputes, sometimes the landlord is correct and sometimes the tenant is correct. When the landlord is right, the scenario usually is that the landlord does have a very nice rental unit with no defects, nice paint, new carpet, and an otherwise very clean rental. The tenant, upon leaving the environment they have occupied daily for whatever length of time, doesn’t realize how Kool-Aid–stained carpet, chipped mirrors, scratched countertops, and broken hardware really deteriorates a dwelling.
On the flip side of the coin, some landlords pretend everything is fine, that there are no carpet stains, all hardware and fixtures are in good working order, and yes, ten-year-old paint jobs can last another year or two. The tenants, even though they were very good about doing no damage larger than normal wear and tear, somehow get blamed for the pre-occupant deficiencies.
Reducing disputes.
These scenarios cannot be avoided altogether, but the frequency of the disputes can be greatly reduced and controlled. The best way to do this controlling is to document the condition of the rental unit before your tenant takes possession and after the tenant departs.
Taking pictures
First, the use of a camera for photographing details is a very effective solution to recording a property’s condition. With digital technology, it is very easy to snap photos with your camera or even your cell phone. Once you get back to your office or home, you can download these pictures into your computer. You’ll want to take before-and-after photos for each tenant, label them as soon as you download them, and back them up on disk. You can also print copies of the photos and keep them in your files with the tenant’s application, lease, and other paperwork.
If you like the idea of taking photos but you’re not computer savvy, try this: Each time you rent your dwelling, take photos of the place with a disposable camera. These cameras are about six dollars at most retail stores and hold approximately 24 to 27 photos. Take 10 to 15 good shots of the interior, getting as much detail as you can in each shot. Take a couple exterior shots as well. When you get back home, simply label the box and camera with the dwelling address and tenant name. Store until the tenant departs, then finish the roll with the after shots. Should you ever need the photos, all you have to do is develop that tenant’s roll of film.
Using paper and pen
Many of you may prefer to forgo these methods and use the old standby: pen and paper. You will need a Property Conditions checklist for this method. A property condition checklist is a form that lists each individual room and all the things that make up that room (walls , windows, carpet, fan, light sink ,etc). The tenant walks through the rental with this form and accepts or rejects each item on the list. You then keep this form in their file until they vacate, at which time you will compare the form to the vacated premises to verify damages. You can pull this form off of the forms page on our website at http://www.FindThatQualityTenant.com.
This form is to be filled out by the new tenants on the day they sign the lease. Don’t wait until after they’ve settled in to give them the form, and don’t give them the form to fill out and mail back to you. You will never get it returned to you. They must fill out the form the day of lease signing. Do this before you sign the lease.
You will want to make a copy of thePropert Condition Form and give it to your tenant for their files. Of course, you will retain the signed original in the tenant’s file in case you need it for reference when they leave the premises.
In closing.
Keep in mind that either party can do the blaming and finger pointing. From the landlord’s perspective you want to win the debate, whether you are accusing or being accused. To do so, you must have strong proof of the rental’s condition before and after the tenants occupied the premises. A solid combination of before and after pictures backing up the completed Property Condition Form will go along way to providing that winning edge. The chances of you winning any court dispute without this form are about 1 in 100.
Filling out the Property Conditions Form can be time-consuming, but it is vital to proving your case if you go to court. Make its use a regular habit. courtesy of www.findthatqualitytenant.com
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