Final walk through before end of lease and contractors already make improvements

[cooper13]

What is the name of your state? Missouri

Our lease ends this coming Thursday. The landlord says a final walk through will be done this weekend, days before end of lease. Can they really classify this as a final walk through if we still have days left in the lease and have not turned in keys yet? We do have most of our belonging out of the property expect some appliances.

Also, over the past 2 weeks they have had contractors inside the home daily repainting and tearing out carpet to replace as they plan on selling the property. It was vacuumed and being cleaned by us, but now there is construction debris everywhere, carpet is still not replaced and rooms half painted. How can they determine what our responsibility and what is the contractors in regards to the property not being in move out clean condition? Do I have to clean up the contractors mess?

 

[Whoops2u]

In my state, if the tenant requests an initial inspection before moving out, we are required to give him one and provide an opportunity to repair or clean any problems before they move out. Once they move out, we do a final inspection. Each have different rules as to timing and notice and things like what needs to be provided on completion. Missouri does not seem to have such a set up and your questions are quite valid. It seems that if the landlord would want to charge you for items he has to be sure the issue did not arise because of his workers. You should not have to clean up the contractor's mess.

As to if they can classify their plan as a final walk through:
535.300. Security deposits, limitation — holding of security deposits, requirements — return of deposit or notice of damages, when — withholding deposit, when — tenant's right to damages — security deposit defined. —
1. A landlord may not demand or receive a security deposit in excess of two months' rent.
2. All security deposits shall be held by the landlord for the tenant, who is a party to the rental agreement, in a bank, credit union, or depository institution which is insured by an agency of the federal government. Any interest earned on a security deposit shall be the property of the landlord. A housing authority created under section 99.040 or any other government entity acting as a landlord shall not be subject to this subsection.
3. Within thirty days after the date of termination of the tenancy, the landlord shall:
(1) Return the full amount of the security deposit; or
(2) Furnish to the tenant a written itemized list of the damages for which the security deposit or any portion thereof is withheld, along with the balance of the security deposit.
The landlord shall have complied with this subsection by mailing such statement and any payment to the last known address of the tenant.
4. The landlord may withhold from the security deposit only such amounts as are reasonably necessary for the following reasons:
(1) To remedy a tenant's default in the payment of rent due to the landlord, pursuant to the rental agreement;
(2) To restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted; provided, however, that this subdivision does not preclude a landlord and tenant from agreeing, in the rental agreement between them, upon amounts or fees to be charged for cleaning of the carpet, and such amounts actually expended for carpet cleaning can be withheld from the security deposit, so long as the rental agreement also includes a provision notifying the tenant that he or she may be liable for actual costs for carpet cleaning that exceed ordinary wear and tear, which may also be withheld from the security deposit. Within thirty days of the end of the tenancy, the landlord shall provide the tenant a receipt for the actual carpet cleaning costs; or
(3) To compensate the landlord for actual damages sustained as a result of the tenant's failure to give adequate notice to terminate the tenancy pursuant to law or the rental agreement; provided that the landlord makes reasonable efforts to mitigate damages.
5. The landlord shall give the tenant or his representative reasonable notice in writing at his last known address or in person of the date and time when the landlord will inspect the dwelling unit following the termination of the rental agreement to determine the amount of the security deposit to be withheld, and the inspection shall be held at a reasonable time. The tenant shall have the right to be present at the inspection of the dwelling unit at the time and date scheduled by the landlord.
6. If the landlord wrongfully withholds all or any portion of the security deposit in violation of this section, the tenant shall recover as damages twice the amount wrongfully withheld.
7. Nothing in this section shall be construed to limit the right of the landlord to recover actual damages in excess of the security deposit, or to permit a tenant to apply or deduct any portion of the security deposit at any time in lieu of payment of rent.
8. As used in this section, the term "security deposit" means any deposit of money or property, however denominated, which is furnished by a tenant to a landlord to secure the performance of any part of the rental agreement, including damages to the dwelling unit. This term does not include any money or property denominated as a deposit for a pet on the premises.

(L. 1983 H.B. 175 § 1, A.L. 2016 H.B. 1862, A.L. 2018 S.B. 581)
(2007) Provision allowing award of twice the security deposit for wrongful failure to return deposit does not apply to tenants of commercial property. PDQ Tower Services, Inc. v. Adams, 213 S.W.3d 697 (Mo.App.W.D.).

 

[adjusterjack]

Do I have to clean up the contractors mess?

I suggest you take dated photos of every inch of the place. Start today and take dated photos every day until you are out. Include photos of the contractors at work if you can.

 

[cooper13]

Thank you. I have been taking time stamped photos every day at the beginning and end of each day. I am not notified each day that they are coming back the next day. They just show up and walk in using the key if we are not there. They have also been turning on and adjusting our A/C so that the place is cool enough for them, using the sink to clean their tools. I am taking pictures of that also.

 

[cooper13]

Also, if the landlord never did a move in inspection with us when we moved in 5 years ago, can they still deduct from the security deposit? Or how do they determine what to deduct if the place is already re-painted, carpets removed before we move out?

 

[FarmerJ]

Read your electric and gas and water meters ASAP , write down the readings and take a final or get utility companies to do final bills , the LL can pay you for part of those bills, As to contractors 1 of 2 things, tell them to leave your ac settings alone since your paying the bill still` or 2 take the electric out of your name and have it shut off .