When a tenant moves into an apartment unit, they are required by the terms of the lease to pay a security deposit to the landlord. This is cash that the landlord may use to fix up the apartment if the tenant causes any damage beyond normal wear and tear.
The only way to know if there has been damage is to compare the condition of the apartment at the time the tenant took it over to the condition it’s in when the tenant is ready to move out. To make sure both tenant and landlord are clear about the condition of the apartment on the move-in date, landlords and tenants schedule an inspection of the property at, or just before, the tenant moves in (a move-in inspection checklist).
By completing a move-in inspection, landlords and tenants can agree on the apartment’s condition when the tenant first moved in. This can be very important for tenants.
The tenant has the right to a habitable home, known as the implied warranty of habitability. It refers to a tenant’s privilege to live in a secure, habitable home equipped with essential utilities like heat, hot water, and electricity. Doing a move-in walk-through will let the tenant know if there are any problems with the apartment.
The parties will schedule a second inspection when the tenant is moving out (a move-out inspection). They will compare the condition of the apartment at the end of the lease to the condition it was in when the tenant moved in. The purpose is to determine how much damage, if any, the tenant caused. If there has been damage, the landlord may refuse to refund all or part of the security deposit.
In some jurisdictions, the landlord may schedule the move-out inspection for a time after the tenant has left the apartment for good. In other states, the move-out inspection must be completed before the tenant leaves. This is called a “pre-move-out” inspection. Positives and negatives of each way of handling the move-out inspection are discussed below.
Who Should Be Present During the Inspections?
If at all feasible, the landlord and tenant should walk the unit together during both the move-in and move-out inspections. Both parties should document everything in the unit, from appliances to walls to carpet condition. The landlord and tenant should both sign and keep copies of the information that has been gathered to prevent later disagreements regarding the return of the security deposit.
It is a very good idea for the landlord and tenant to take photographs or videos of the unit when moving in and out to prove it’s either a clean, damage-free space or one with problems.
Goal of the Move-Out Inspection
The goal of a move-out inspection is to let the landlord determine the condition of the apartment before the tenant moves out. If there is damage, the landlord will deduct the cost of repairs from the security deposit. If the cost to fix the damage is above the value of the deposit, the tenant will need to make up that sum before they move out.
Note also that in many jurisdictions, if the landlord does not complete move-in and move-out inspections, they may not keep the security deposit.
What Should be Included on Move-in and Move-out Checklists?
The most efficient way for the tenant and landlord to record the condition of the apartment at move-in and move-out is to complete a checklist of the condition of items in the apartment.
Among others, these items will include:
- Conditions of floors, walls, ceilings and doors in the living room, each bedroom, the bathroom, the kitchen and the hallway. Are there marks on the walls or ceiling from paint, pens, or otherwise? Are there scratches on doors?
- The condition of the windows. Do they open and close readily? Are there any cracks?
- The condition of the refrigerator (inside and out) and the stove/oven. Do they work? Do they smell bad or look bad?
- The condition of the bathroom. Does the toilet flush well, or does it overflow? Are there marks on the walls? Are there unpleasant smells?
What’s Normal Wear and Tear?
Undoubtedly, some negative changes to the apartment will be seen during the move-out inspection. The tenant is responsible for the repair cost if something is truly damaged or broken. However, the tenant is not responsible for “normal wear and tear.”
Normal wear and tear can be hard to define, and the law varies by state. Normal wear and tear includes the type of wear that would occur no matter who lived in the space. Normal wear and tear is light damage that occurs gradually over time and doesn’t affect the use of the apartment or the appliances – it just may be unpleasant to look at. This includes spots on the carpet (but not stains), a dull shower or tub, and minor scratches on floors.
Some examples of acceptable wear and tear include the following:
- Faded paint
- Sections of loose wallpaper
- Pull strings from blinds are tangled or broken
- Carpet is worn down and dirty
- Wood floors are scuffed
- There are cracked windows or doors due to old frames
- Hinges on cabinets worn or slightly stuck
Carpet is the most common subject of dispute between landlord and tenant. Experts estimate that carpet will typically last around three to five years in a household of two to four people. So if the tenant rents a newly carpeted place for five years and the carpet needs to be replaced when they move out (based on a pre move out inspection checklist), this is considered normal wear and tear. Landlords cannot fix up their rental property at the tenant’s expense.
Examples of What Tenants Must Fix or Pay For
Not everything is normal wear and tear. Tenants must pay for actual damage to the apartment.
Examples include:
- Broken windows or torn screens
- Broken or non-working appliances, such as in the kitchen or the bathroom
- Broken light fixtures
- Excessively scratched or gouged wood, tile, or vinyl floors
- Carpet with stains or burn marks
- Pet stains and odors
- Holes in the walls greater in size than what would be needed to hang a picture
- Unapproved renovations
- Excessive filth
Timing and Scheduling a Move-Out Inspection
For the tenant’s sake, it is preferable to make the move-out inspection before they leave the apartment. That way, the landlord can present the tenant with a list of the repairs that need to be made and the deductions that will be taken from their security deposit if repairs are not made before the tenant leaves. This allows the tenant to dispute the charges or to make repairs themself before moving out, perhaps at less cost than the landlord wants to charge.
The precise time when this inspection can take place will differ depending on state regulations. In some locations, the inspection must occur on the date of the tenant’s departure or within two to three days.
One advantage to the landlord of having the inspection occur after the tenant has left is that all of the tenant’s belongings will be gone, and no damage can be hidden. The landlord will easily spot any problems. If the landlord did not do move-out inspections, it could be detrimental to both parties.
In other states, a move-out inspection can be accomplished anywhere from three days to two weeks before the tenant moves out. This is done to allow the tenant to make any repairs to the unit before they leave so that they can get their full security deposit back.
Not all states require a move-out inspection. In states where a move-out inspection is required by law, the landlord cannot complete a surprise inspection. The landlord must inform the tenant when the review will happen. The landlord must serve the tenant with written notice of this upcoming inspection, informing the tenant of their right to be present and the date and time the inspection will occur.
Benefits to the Landlord of Move-Out Inspections
Some of the benefits to the landlord of having move-out inspections include:
- It allows the landlord to determine what needs to be repaired, and to estimate repair costs
- Move-out inspections help to avoid disputes. The tenant will understand what to expect and not be surprised by the deductions from the security deposit
- Inspecting the apartment before the tenant moves out may mean that the tenant will make the repairs, removing that item from the landlord’s chores
- The landlord will know how much of the security deposit to return and how much to retain
Benefits to the Tenant of Move-Out Inspections
Move-out inspections also provide benefits to the tenant. A move-out inspection allows a tenant to repair damage they might not have been aware of and to do the repairs themself, or to have it done more cheaply than the landlord would charge.
If the tenant repairs the damages the landlord has noted before moving out, the tenant will likely have their full security deposit returned
Do I Need a Lawyer?
Because landlord-tenant laws differ by state, and in some cases even by county, a local landlord-tenant lawyer is in the best position to advise you of applicable housing regulations and notify you of more specific local move-in, move-out procedures.
Contact a landlord-tenant lawyer through LegalMatch if you have any questions about your legal rights or if you need to pursue a lawsuit for your case.
