Am I obligated to give a departing tenant a second chance on cleaning the unit and repairing tenant caused damage before I make deductions from his security deposit?
You should first check your state’s landlord tenant law regarding procedures for tenant move-out inspections and security deposit deductions for tenant damages and cleaning costs outside of ordinary wear and tear on the unit.
Many times tenants are aware that damages exist and want to reduce the amount of deductions from their security deposits. Accordingly, some tenants may ask for a second chance to do additional cleaning or repair the damage before a landlord does a final itemization and accounting of the security deposit. In a few states a landlord is required by statute to offer the tenant a second chance at cleaning before cleaning costs are deducted from the security deposit. You may, as a goodwill gesture, consider offering the tenant a second chance, particularly if there are mitigating circumstances and the tenant has always performed to standards during the tenancy.
A landlord should be cautious in allowing a tenant to repair damages to the unit. There is potential liability to the landlord for future liability claims if a new tenant suffers injury or damage as a result of poor or defective repair work by the vacating tenant.
In some states a tenant has the right to a pre-move-out inspection. During a joint landlord-tenant pre-move-out inspection the landlord identifies what defects need to be corrected by the tenant in order for the tenant to optimize his security deposit refund.
If the additional cleaning time is beyond the tenancy termination date, it may be advisable to document in writing that a former tenant’s access to the premises for the purposes of cleaning does not constitute an extension of the lease or continue/create any other benefit of tenancy.
There may be situations where the landlord is willing to offer the tenant the opportunity to correct certain deficiencies whether or not required by law. Additional cleaning may be allowable, but serious consideration should be given to anything other than that. Considering anything beyond cleaning, the landlord must determine the tenant’s ability to do the necessary work and produce an acceptable result without creating additional damage, something usually impossible to do.
The landlord should also consider the potential risks involved in allowing the tenant, likely a home handyman, to ever repair or replace anything. The potential liability of defective or imperfect work is often too great for the dollar amount involved. If the rental unit is to be re-rented immediately the availability of the former tenant to complete the work may be in conflict with the new tenant’s move-in date.