Property Management Blog - Tips, Articles and Advice from RentingYourHome.com

There is a high demand for smoke-free apartment buildings. And, while smoking rates continue to drop off rapidly over the past decade, and public opinion turns - rightly or wrongly - against the remaining smokers, landlords can use this to their advantage.

If you use a No Smoking Lease Addendum and enforce it, consider advertising your property with the tag line "Smoke Free". It gets a surprisingly strong positive response and helps to distinguish your rental from others.

Checklists are used to establish a baseline of damage to a rental. When the tenant moves out, damage is again assessed on the same checklist to determine what, if anything, changes exist that need to be repaired or replaced. Landlords use move-in checklists both to monitor the condition of the home, and to fairly assign damage expenses to tenants.

Typically, a tenant has 7 days after move-in to fill out a checklist and return it to you in order to document any damage to the rental, but each state has specific timelines. Make sure the tenant signs a copy of the checklist and retain it for your records until after move-out. If you do not use a move-in checklist, it becomes very difficult to validate in court whether a tenant was responsible for any specific damage to the rental, since there would be no documented baseline. Taking video or still photos of the rental both before and afterwards is also a great idea to protect your interests.

Here's a typical courtroom scenario where there is NO checklist:

Judge: Mr. Tenant, did you punch a hole in the wall?

Tenant: No Sir. I've never caused any damage. I don't even have fists to punch with!

Judge: Mr./Ms. Landlord what evidence do you have that the tenant committed this specific damage?

Landlord: Um…I remember what it looked like before…

Judge: Do you have any proof?

Landlord: Nope. Just what I remember.

Judge: Well, you've shown no proof that the tenant caused any damage. Case dismissed in favor of the Tenant.

Or, if you have a checklist, video and still photos:

Judge: Mr. Tenant, did you punch a hole in the wall?

Tenant: No Sir. I've never caused any damage. I don't even have fists to punch with!

Judge: Mr./Ms. Landlord what evidence do you have that the tenant committed this specific damage?

Landlord: Well, here's a video of that same room prior to the tenant's moving in. You can see the room is freshly painted and there are no holes in the wall. Here's a copy of the move-in checklist where the tenant certifies there is no damage; please note the checkbox next to "Walls = No problems / Great Shape". And, Your Honor, the tenant's hand is in a cast.

Judge: Case decided in favor of the landlord.

Read an article this morning I had to share.

I was trying to get rid of some roaches and I didn't want to bother the landlord so I went to the store and bought some of those pest-control foggers. Something went wrong and they created an explosion that blew my patio doors off the hinges and shattered the master bedroom window…

Who knew those bug bombs were that explosive? Ultimately, the renter doesn't have insurance and wants a free pass. The funny part to me is when she says "something" went wrong…what are the chances she left the fogger on a furnace or oil burner? Just guessing, but I bet a closer look reveals a "Darwin Award" moment…

Wear and Tear Guidelines put down on paper your expectations for the condition of the rental property when a tenant leaves at the end of the lease. It is important to clearly state what constitutes actual damage to the rental versus what constitutes normal wear and tear because you will likely be charging the tenant for actual damages to the property, but state and local law does not allow you to charge for items that are everyday wear and tear. An example: slightly worn carpet on the stairs may be wear and tear (something that happens naturally over time).

The best way to avoid problems with the return of a security deposit is to provide tenants with a move-in checklist at move in; then, provide them a copy of the Wear & Tear guidelines (sample copy).