How to Deal with a Messy Tenant

Messy tenants can be problematic for landlords and other tenants residing in nearby units.  Competing considerations are at play, namely, the tenant’s right to quiet enjoyment of the premises and the landlord’s right to protect the unit from diminishing in value due to the tenant’s negligence.  This article provides guidance on how to deal with a messy tenant, and how to avoid the situation in future tenancies. 

Include a Cleanliness Clause in Lease Agreement

A well-drafted cleanliness clause in the lease agreement can mitigate the adverse effects of a messy tenant.  Make sure the clause explicitly states what’s expected of the tenant.  Here’s a good example:

“Tenant agrees to keep the Premises in a clean and sanitary condition during the entire term of occupancy and to return the Premises to Landlord in the same or better condition as it was at the beginning of the term of occupancy. Tenant shall maintain all interior and exterior areas of the Premises, including lawn/grounds, in a clean and sanitary condition, free from debris, garbage and physical hazards. Tenant agrees to perform routine cleaning throughout the Premises on a regular basis. Routine cleaning includes, but is not limited to vacuuming any carpeting, sweeping and washing floors, scrubbing the tub/shower, scrubbing the toilet and sinks, dusting, washing dishes, discarding and removing trash, and cleaning the interior and exterior of all appliances and fixtures. Failure to follow these guidelines may result in assessment of a cleaning charge to Tenant’s account, the institution of eviction proceedings against the tenant, or both.” 

Make sure the tenant has read and understood the import of the clause at the inception of the relationship – when the parties review the terms of the lease or rental contract. 

Inspection Rights and Obligations

The only way to stay on top of a cleaning problem is to inspect the rental at regular intervals.  California Civil Code section 1954 governs when a landlord can enter a tenant’s rental unit. The statute breaks the inquiry down into situations where advance notice is, and is not required.  A cleanliness check would require advance notice of at least 24 hours and should be longer to give the tenant the opportunity to fix problems. The written Notice of Entry must give the day and time the landlord (or his agent) intends to enter the home, and its purpose. California Civil Code section 1954(d). The Notice must either be personally delivered to the tenant, dropped off at the normal entry to the premises so a reasonable person may discover it, or left with a person of suitable age and discretion at the premises. The notice may also be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.

Enforcement of Cleanliness Clause Through Eviction Proceedings

In serious cases involving an uncooperative tenant, the landlord may be forced to resort to the court system to resolve the problem.  A landlord will generally prevail in an eviction case involving a dirty tenant if he or she can prove the tenant’s negligence directly interferes with the health, overall safety or the enjoyment of the property by either you, the landlord, or their neighbors.  Naturally, having a cleanliness clause in your rental contract will bolster the chances of succeeding in the litigation. 

The harsh reality is that you’ll probably be confronted with a messy tenant at some point during the landlord-tenant relationship(s).  A solid cleanliness clause can protect the rental from damage, and provide a mechanism for enforcing the clause against a recalcitrant tenant. 

Please contact Lynx Legal with any questions regarding the above, and for all of your eviction needs.  We can be reached at 888-441-2355 or info@lynxlegal.com.  Our experienced professionals are standing by to take your order or answer any questions you may have.