Legal Question in Landlord & Tenant Law in Michigan

I would like to know what this paragraph in a Property Lease Agreement means...."When terminating the lease agreement and tenant vacates the premises the sum ($) will be deducted from the security deposit for carpet cleaning and changing the locks on the doors. Also if tenant vacates prior than the 30 day period the remaining days will be deducted from the security deposit." Does this paragraph mean when the tenant moves out said sum ($) will be deducted regardless of condition of property?


Asked on 9/28/10, 12:20 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

It sounds as if you will pay for carpet cleaning and lock changing regardless of the condition. It is my opinion that carpet cleaning is a "normal wear and tear" item and not a "damage deposit" item. Ditto, changing the locks, a cost of doing business for the landlord, to provide security for his tenant.

If you agree to this wording in the lease, you will likely have to pay this at the end of your tenancy, so don't agree to it unless the carpet is cleaned and the locks changed before you move in AND there is a dollar amount in the contract that is agreeable to you.

You are entitled to see the prior renter's "check out" list, showing what damages the Landlord claimed against the prior tenant, and so that you can see if the repairs/replacements have actually been made.

The sentence that you have quoted does not make any sense. If you pay your rent in advance, and you are required to give 30 days notice, then you will pay for those 30 days whether you actually occupy the property or not.

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Answered on 10/03/10, 12:37 pm


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