Notice to Clean Property

Notice to Tenant to Clean Property_1 on iPropertyManagement.com

A Notice to Clean Property is a document landlords send to notify a tenant that the cleanliness of their rental unit needs to be addressed. This notice reminds tenants of the lease’s cleanliness requirements and informs the tenant of applicable consequences.

When to Notify a Tenant to Clean Property

  1. Code Violations. If the tenant violates a health, safety, or fire code you must take immediate action. If not, as a landlord, you may be liable.
  2. Lease Violation. The tenant violates a term of the lease agreement.
  3. Property Damage. The tenant’s uncleanliness is causing damage to the property.
  4. Tenant Harm. The uncleanliness is causing harm to themselves or other tenants. This could even lead to a landlord being sued because one tenant is interfering with another tenant’s peaceful enjoyment of the property.

The cleanliness of a rental unit is an important issue. Not only does it impact your property, but it can impact other tenants, and can also affect your ability to find future tenants.

Before Sending a Notice to Tenant to Clean Property

While it may be necessary, there are certain steps you can take before sending a formal notice. It could be that certain life circumstances, such as an illness or a death in the family, have caused them to get behind on their cleaning responsibilities.

Before sending a notice, consider having an informal conversation with them or sending them an email to remind them of their responsibilities. It may be that a simple reminder is all that’s needed to get the tenant to take care of the issue.

What to Look For

It’s important to know what to look for when determining if a tenant is not properly cleaning their rental unit. It is especially important to be aware of issues that may lead to health, fire, and safety hazards. Here are some issues to look for:

Be vigilant for all of these issues but use discretion. There is a difference between mold growing in a unit and a few pieces of trash on a tenant’s patio.

What to Include in a Notice to Clean Property

This type of notice should lay out the landlord’s concerns and any potential consequences.

General Structure and Purpose

The Notice to Tenant to Clean Property should be detailed regarding the specific issue involved. The general structure is as follows:

Specific Items to Include in a Notice to Tenant to Clean Property

This notice should include the following specific information:

  1. Date.
  2. The tenant’s property address, including the unit number.
  3. The tenant’s name.
  4. A detailed description of the cleanliness problem.
  5. Reference to any specific violations in the lease agreement (attach a copy of the lease agreement with the relevant section(s) highlighted).
  6. Description of how the tenant can remedy the problem.
  7. A deadline for complying with the notice.
  8. Inform the tenant of a follow-up inspection, if applicable.
  9. Consequences if the tenant fails to comply with the notice.
  10. Landlord Signature.
  11. Landlord’s contact information

Sending a Notice to Clean Property

Most lease agreements will specifically state how communication should be sent between the landlord and tenant. Ideally, you want to send a notice in a way that requires signature confirmation to document its receipt. This can be accomplished by certified mail.

You should keep a copy of this notice filed with a notation of what means were used to deliver the notice and any other relevant information. If the issue leads to a lawsuit or eviction, you will want proof that you informed the tenant of the problem and they still did not fix it.

What if the Property is still not Cleaned?

Now that you sent a notice, it’s important to know what may happen next and what options you have.

Notice of Non-renewal of Lease

If the lease is close to expiring your best option may be to send the tenant a Notice of Non-renewal of Lease. This letter will inform the tenant that you are not renewing their lease when it expires. For more information on sending a Notice of Non-renewal of lease, click here.

Eviction

In some cases, the uncleanliness may lead to significant health and safety violations that require you to evict a tenant. Just be aware of certain exceptions when evicting a tenant. For instance, hoarding can be considered a mental disorder and to evict a person due to a mental disorder is considered discrimination in violation of The Fair Housing Act.

When evicting a tenant, documentation of any notices you sent to the tenant may be crucial in successfully evicting the tenant. In addition, make sure you follow your state’s specific requirements for notifying and formally evicting a tenant.

Security Deposit

If the cleanliness has not been taken care of by the tenant at the end of their lease, you can withhold a tenant’s security deposit to clean the unit and pay for any damages that resulted from the tenant’s uncleanliness. If withholding any portion of a tenant’s security deposit, make sure you understand your state’s laws on security deposits as well as distinguishing damage from normal wear and tear.

Maintaining a Clean Rental Unit

Here’s how to reduce headaches like this in the future:

Cleanliness Clause

In addition to screening tenants, it’s important to have a detailed Cleanliness Clause in your lease agreement that outlines the rules for the maintenance and upkeep of the property. A cleanliness clause has the following benefits:

Below is a sample Cleanliness Clause:

CLEANLINESS. Tenant(s) is responsible for cleaning all areas of the premises, including but not limited to, the living room, dining room, kitchen, hallways, laundry room, bedrooms, closets, bathrooms, outdoor walkways, and parking spaces. To prevent the infestation of rodents and insects, tenant(s) must remove any collected trash and food waste from the premises at least once a week. Carpets and rugs must be vacuumed at least once a week. Hardwood floors or tiles must be swept once a week. Bathrooms must be cleaned regularly, and as frequently as needed, to prevent the formation of mold and mildew. If the tenant(s) does not clean adequately and regularly, the tenant(s) will be liable for reasonable cleaning charges – including charges for cleaning carpets, draperies, furniture, walls, etc. that are soiled beyond normal wear and tear. The landlord reserves the right to hire a recurring professional cleaning service if the tenant(s) are not keeping the premises clean and sanitary. This expense will be the responsibility of the tenant(s). Continued failure to abide by this clause may result in the eviction of the tenant(s).

You may add more specific tasks to the clause that will be helpful for your rental unit. You should also include a Tenant Move Out Checklist with the lease agreement to give the tenant a better understanding of what items they are responsible for keeping clean.

Periodic Inspections

Once a tenant has begun their lease, you can help ensure the cleanliness of the rental unit by conducting periodic inspections. Not only can they help maintain cleanliness, but they can also be used to keep up with repairs and help ensure your tenant’s rental unit is prepared for the upcoming seasons.

Depending on the state your property is located, there are specific requirements for notifying a tenant that you will be entering their premises. You must follow these requirements to avoid any violations. See the chart below for your state’s requirements before entering a tenant’s property.

State Amount of Notice Form of Notice
Alabama 2 days None specified
Alaska 24 hours None specified
Arizona 2 days, unless to make a repair at the tenant’s request None specified
Arkansas None Not applicable
California Reasonable notice (24 hours is presumed reasonable) Written
Colorado 48 hours (only related to inspection and treating of bed bugs) Electronic or Written
Connecticut Reasonable Notice Written or Oral
Delaware 48 hours Written
Florida Reasonable notice(12 hours for repairs) None specified
Georgia None Not applicable
Hawaii 2 days None specified
Idaho None Not applicable
Illinois None Not applicable
Indiana Reasonable notice Written or Oral
Iowa 24 hours None specified
Kansas Reasonable notice None specified
Kentucky 2 days None specified
Louisiana None Not applicable
Maine 24 hours None specified
Maryland None Not applicable
Massachusetts None Not applicable
Michigan None Not applicable
Minnesota Reasonable notice None specified
Mississippi None Not applicable
Missouri None Not applicable
Montana 24 hours Email, hand delivery, certified mail, or posted on the main entry door
Nebraska 24 hours None specified
Nevada 24 hours None specified
New Hampshire Adequate under the circumstances None specified
New Jersey Reasonable notice (one day under normal circumstances) unless a rental property has fewer than 3 units (must have tenant’s permission) None specified
New Mexico 24 hours Written
New York None Not applicable
North Carolina None Not applicable
North Dakota Reasonable notice None specified
Ohio 24 hours None specified
Oklahoma 1 day None specified
Oregon 24 hours None specified
Pennsylvania None Not applicable
Rhode Island 2 days None specified
South Carolina 24 hours None specified
South Dakota None Not applicable
Tennessee None (consent is required) None specified
Texas None Not applicable
Utah 24 hours (unless the lease agreement has different terms) None specified
Vermont 48 hours None specified
Virginia 72 hours None specified
Washington 2 days Written (unless emergency or impractical)
Washington D.C. 48 hours Written or Electronic (if the tenant does not respond to an electronic notice a written notice must be provided)
West Virginia None Not applicable
Wisconsin 12 hours None specified
Wyoming None Not applicable

If no specific timeframe is provided by your lease or state, you should still provide reasonable notice to the tenant, unless the situation is an emergency.

Be aware that in some states such as California, landlords are not allowed to conduct periodic inspections. It is recommended that if you are going to conduct periodic inspections you state this clearly in the lease agreement. For a helpful tool in conducting periodic inspections please see our Landlord Inspection Checklist.

Other Rental Templates & Forms

Standard Residential Lease Agreement

Rental Application Form

Room Rental Agreement

Eviction Notice Form

Lease Non-Renewal Letter