Inventory List Can Save Deposit
The phrase “condition as when first rented” is often a source of friction between landlord and tenant.
How can you mitigate problems now, secure your deposit and avoid litigation later? By doing your homework starting from the day you take possession of the new place.
Snapping a few photographs is good insurance for the future. So is compiling a checklist. If your landlord doesn’t provide an inventory checklist before move-in, get a few sheets of lined paper and create one. Across the top, list all the rooms, i.e. kitchen, bathroom, living room. Down the side of the paper, list items of note and describe their condition. Here is a general checklist:
* Paint. Is it appealing on the walls or peeling off of them? If your lease indicates “newly painted,” double-check that the paint in all rooms is fresh. If not, take note. Check for stains, cracking and peeling, especially in the bathroom and kitchen.
* Flooring. Note condition of rugs, especially stains or rips. Ditto for the linoleum, especially around appliances. Hardwood is especially important to examine, noting any scratches, stains or damage. Stains around kitchens and bathroom entry and exit areas are most common.
* Drapes/window coverings. Are they new or worn? Note their condition for each room. Check screens for damage, and record which windows have them.
* Smoke alarms: Current law requires one in every bedroom, hallway and kitchen. Check the smoke alarms by giving the button on the top a push. The smoke alarm should sound. If not, let the landlord know. Get them replaced if missing. Why? Some tenants disconnect and/or remove them, leaving the next occupant vulnerable, personally and financially.
Besides noting if the unit is clean or dirty, also check for the following in these areas:
* Kitchen. Check the condition of the stovetop. Are all knobs and burners accounted for? Working? Check the tile or countertop for chips or gouges, especially around the sink and stove. Find one? Take a photo. Cabinet condition should be noted, including missing knobs or broken drawers or shelves. Does the disposal run free and clear? Run the water and give a flip of the switch to be sure everything is working.
* Bedrooms. Are the closet doors on track? Check that they roll freely and close like they should. If not, take note.
* Bathrooms. Check countertops and tile for chips or stains. Be sure that the toilet flushes properly and that the tank shuts off in a few minutes. Don’t get blamed for a plumbing problem you didn’t create.
* Gardening. If your lease stipulates the garden is yours to rake and mow, photograph the lawn and shrubs to establish condition.
Why go to all this trouble? Recently an owner kept about $3,000 of a tenant’s deposit. He claimed it was to cover the cost of refinishing the hardwood floors for an entire house when the tenant moved out and left a few minor scratches in the living room (plus a few other minor repairs).
When I called on behalf of the tenant, the owner ranted about how the floors were “perfect” when the tenant moved in. Did anyone have proof? No. The tenant had no proof to defend himself. Who will prevail? That will depend on whose memory the judge believes to be most correct--unless someone brings forth evidence to tip the scales in his favor.
Do your homework now, so when there’s a final inspection at move-out, you’ll be ready to answer any questions regarding “condition when first rented.” Besides, it’s good insurance in case a new manager takes over and has no idea what the place looked like when you moved in, but has the job of deciding the fate of your security deposit.
When your notes and photographs are complete, put them in an envelope and place it with your lease in a place readily found a year from now. You’d be surprised how a few minutes at the start can make for a friendlier finish.
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H. May Spitz is a Los Angeles-based freelance writer.
