This tenant paid $400 to settle a dubious $1,050 charge

April 11, 2011


Mark Weisleder

An issue that comes up frequently is what are a tenant’s responsibilities, when they vacate a unit.
The law says tenants are responsible for ordinary cleanliness of their unit and any damage caused by their willful or negligent conduct. But a clause that says that a tenant must leave the apartment in “move-in condition,” which implies a greater level of cleanliness, will usually not be enforceable.
I received an email from Christina who rented an apartment in Barrie for three years. Her lease had a clause which said she had to leave the apartment “in a move-in condition” with a charge for cleaning (including fridge and stove) and/or damages incurred if applicable.
Christine lived there alone, had a steady job and did not have any pets or frequent guests. Before she left, she cleaned the apartment and took pictures. The landlord then sent her a bill for $1,050 for costs to repaint the apartment, to clean the carpets and for general cleaning. She didn’t pay and after 30 days, the landlord turned the file over to a collection agency, which started a small claims court action for the money. The credit bureaus were also notified, which damaged Christine’s credit rating although no claim had yet been proven.
Christine settled the matter with the collection agency for $400 in order to have her credit rating restored, although she did not feel she owed the money. In this case, without seeing pictures of the apartment on the day Christine left, it is hard to tell whether the landlord was justified, but in my opinion, they would have had a hard time proving this if it actually went to court. I can understand why Christine settled this case to be finished with the matter and restore her credit rating, but I feel that sometimes you need to stand up for your rights and fight. Many landlords request that tenants sign a form called a rental unit condition statement when they move into their apartment, so that both parties clearly agree on the condition of the apartment when the tenant moves in. The landlord will then refer back to this document when the tenant vacates to compare whether any new damage was done during the tenancy. I have no objection in principle to the use of this form. Think of the last time you rented a car. The company also checked the car with you to see whether there were any existing dents or scratches so that you understood that you would be responsible for anything that happened during your rental. If you are asked to sign this form, be very careful and detailed to make a note of every scratch in the hardwood, cracks in the tiles, stains in the carpet or sink and take pictures of the apartment when you move in as well. Make sure you test all of the appliances, faucets and electrical outlets. Then keep your copy in a safe place. This will protect you from any unwarranted claims for damages to your unit when you move out.
Mark Weisleder is a lawyer, author and speaker to the real estate industry. If you have any questions on landlord/tenant or real estate issues, send

them to mark@markweisleder.com