Move Out, Notice to Vacate and Show Guidelines

Notice to Vacate must given in writing no less than 30 days prior to termination date. If your lease has already expired and you are on a month to month lease, you are still required to give the same 30 day notice that would always end on the last day of any given month. Both the tenant and landlord must abide by these requirements as agreed to in the lease.

Move Outs are expected to complete your move and return the keys by 12:00PM (Noon) on the day you have stated in your "Notice of Intent to Vacate" in order to avoid any scheduling problems or additional rent charges. Keys and all remotes need to be returned to our office the day of move out. To assist us in making refunds to you promptly, we ask that you review the security deposit section of the "Residential Lease Agreement" you signed when you moved in.

This will clarify the refund procedure and explain any additional charges which you may have incurred. For more information pertaining to cleaning your unit and an explanation of security deposit deductions, please read the remainder of this document. Any items left behind will be disposed of and removal charges deducted from security. There should be no items or trash left at the property inside or out. All trash must be removed the last day of the lease. Any items in the trash cans or on curbs will be removed at your expense. All repairs and cleaning not completed by the tenant will be charged to your security deposit. Damage repairs and cleaning are the responsibility of the tenant to have completed by move out.

  1. If you vacate the home before the lease terminates, you must continue to maintain the home and lawn. Including, but not limited to all utilities must remain on through the last day of the lease.
  2. If you have any questions, please do not hesitate to contact our office.
  3. If you need help finding a new place to lease or buy, please contact the office

Cleaning Instructions

As per the lease, the home and carpets must be professionally cleaned on the last day you reside in the home. You must provide a copy of the receipt for these services. Failure to provide receipts or cleaning the home yourself may result in the home being cleaned again at your expense. Be sure to review with the cleaning companies what is required as listed below. Failure to follow these guidelines will result in cleaning charges added to your move out statement. Please be sure to give the guidelines to your cleaner and verify that everything is completed to avoid additional fees from landlord.

Lawns And Flower Beds:

If you would like to hire someone for cleaning and/or repairs for damages caused by you, please contact a company of your choice or feel free to use the companies listed below, as they are aware of the services needed to complete the move out requirements. If cleaning and or repairs are not completed prior to move out, Kenny Realty will hire this work at your expense plus a 30% coordination fee.

What Is Ordinary Wear And Tear?

Typical definition of ordinary wear and tear is "That deterioration which occurs based upon the use of which the rental unit is intended and without negligence, carelessness, accident, or misuse, or abuse of the premises or contents by the tenant or members of his household, or their invitees or guests." In other words, ordinary wear and tear is the natural and gradual deterioration of the apartment over time, which results from a tenant's normal use of the unit. For example, the carpeting in a unit, or even the paint on the walls, wears out in the normal course of living. Carpets become threadbare, and paint peels and cracks. Even the most responsible tenant can't prevent the aging process, and a court won't make the tenant pay for damages resulting from that process.

What's Not Ordinary Wear And Tear?

A landlord can make a tenant pay for damages if the tenant helped the aging process along or didn't use the apartment in a normal way. A carpet worn from people walking on it is something you have to expect. But a tenant who cuts a hole in the carpet or spills paint on it may be held responsible for the damage.

How can you tell what is and isn't ordinary wear and tear?

There are three basic types of damages caused by a tenant that aren't considered ordinary wear and tear. They are:

  1. Negligence - If a tenant does something carelessly that the tenant should have known would cause damage, or if the tenant failed to do something that the tenant reasonably should have done to prevent damage, that's negligence. In short, did the tenant act prudently to preserve the property?
  2. Failure to warn. Another form of negligence is where the tenant fails to take steps that could prevent damage to the apartment. Even reasonable wear and tear exception shouldn't insulate a tenant from responsibility if the tenant fails to let the management know when something goes wrong in the apartment that might later result in worse damage.

    For example, if a window pane is cracked because of a faulty foundation, that's not the tenant's fault. But if the tenant doesn't tell the management that the crack is letting in water and the carpet below the window gets water damaged, the management may be able to argue that this extra damage was caused by the tenant's failure to inform the management of the problem.

  3. Abuse/misuse - If the tenant knowingly or deliberately mistreats the property, or uses is for the wrong purposes, the damage the tenant causes isn't ordinary wear and tear - it's abuse or misuse. For example, did the tenant slide furniture over an unprotected floor, causing gouges? Or did the tenant discolor the bathtub by using it to dye fabrics? Was the tenant an artist who failed to cover the floor as the tenant painted, leaving permanent stains on the carpet? Did the tenant paint the walls of the apartment black? One court decision court said a tenant had to pay for leaving an apartment carpet mutilated in an area around a wet bar, damaged by rust and mildew stains from plant containers, and covered with cigarette burns - some clear through the pad.
  4. Accident - Sometimes damage occurs by mistake. The tenant party guest drops a drink on the new carpet, staining it. The tenant drops a heavy planter and crack the tile floor. Or the tenant's cleaning the light and the fixture falls and breaks.. Or the tenant accidentally leaves the bathtub faucet on, flooding part of the apartment and staining wood floors and carpeting. Even though the tenant didn't purposely damage your property, the management will be able to withhold the cost of repair from the security deposit.