Landlord entitled to draw on tenant’s guarantee to pay for cleaning.

In accordance with the lease, the tenant advanced a guarantee for ISK 368,000. At the end of the rent period the landlord presented a claim against the guarantee for ISK 236,899 in respect of damage to the rented premises and their appurtenances. The landlord also considered that the premises had not been properly cleaned. Under the Rent Act, the tenant and landlord are to make an inspection of the condition of the rented premises before they are made over, both at the beginning and the end of the lease period. The landlord had, unilaterally, had an inspection made of the condition of the rented premises, both at the beginning and the end of the rental period. Thus, the inspection was not in conformity with the provisions of the Rent Act, and the committee therefore took the view that there was no satisfactory demonstration that damage had occurred to the premises. The committee considered it had been demonstrated that the cleaning had been unsatisfactory, since the tenant offered to come and clean the apartment after returning it.

Conclusion: The tenant is obliged to make a payment of ISK 25,000 from his guarantee to cover cleaning. The landlord’s claim regarding damage to the rented premises was rejected.