Protect Your Property With A Schedule of Dilapidations

In most lease contracts there is a clause addressing the need for the tenant to return the property to its original condition before vacating, excluding what is considered normal wear and tear. Any alterations or changes to the property outside of the norm is considered a dilapidation. Once the landlord has inspected the property at lease break, they may notate any damages or alterations to the property outside the scope of the lease and issue a Schedule of Dilapidations to hold the tenant accountable. The Schedule of Dilapidations will include all damages and unauthorized changes to the property, along with the needed repairs and estimated costs.

 Landlords should inspect their properties regularly during the lease term to make sure that everything is in working order and decrease the chances of the property falling into disrepair. However, regular site visits may not always be possible. If this is the case then at the very least, in order to strengthen their claim in a Schedule of Dilapidations, a landlord should have a property examined by a surveyor 12-18 months before the end of a lease. This surveyor will document all changes to the property not permitted by the lease agreement and draft the Schedule of Dilapidations. The landlord will then present the schedule to tenant upon lease end establish an agreed upon timeframe which the tenant has to complete the repairs.

A tenant can better protect themselves by completing a thorough inspection of the property before entering into a lease agreement and seeking understanding of all terms, especially those related to allowable alterations to the property. If a tenant does find themselves served with a schedule of dilapidations, then it is best to seek professional help so that they are not held responsible for unnecessary claims and that they can reach an agreement with the landlord through mediation.