Completion of a rental property

published by: Roderick Rischen posted on October 7, 2014 reading time

Can a landlord, upon delivery of a dwelling, oblige the tenant to restore the dwelling to its original condition? Can a landlord, for example, demand that a floor covering be removed at the end of the lease?

At the end of the rental agreement, the hirer is obliged to return the property to the landlord in the same condition as it was at the beginning of the rental agreement (with the exception of permitted alterations or that which has been destroyed or damaged by age).

If, at the start of the lease, a description of the dwelling was made, the dwelling must be delivered in accordance with that description. If, for example, the description of the dwelling shows that it has a wooden floor and upon completion it turns out that a carpet has been laid on the floor, then the landlord can demand that the tenant delivers the dwelling with a wooden floor and thus that the tenant removes the carpet (unless the carpet has been laid with the landlord's permission). If the tenant does not comply with this request, the landlord can recover from the tenant the costs of restoring the floor to its original condition.

If no description was made at the start of the lease, it shall be assumed that the accommodation was received in the same condition as at the end of the lease. In that case the lessor will have to prove that the property was in a different condition at the start of the lease. If the landlord cannot prove, for example, that at the start of the lease the dwelling had a wooden floor instead of a carpet, the landlord cannot require the tenant to remove the carpet.

If you have any questions about the delivery of a rental property, please contact us.