The tenant from No. 3 moved out more than a month ago. When he received his Security Deposit refund information, he was convinced that we had withheld too much. As is our American right, we can either sue or be sued for just about anything. He did. The judge hearing the case agreed with us, but then we made it easy for her to find in our favor. Part of our evidence was our PROPERTY CONDITION AT MOVE-IN form, signed by the tenant before moving in, and in which he had stated that he was accepting the apartment in near-perfect condition.

After each apartment re-hab/clean-up is complete, we make one last walk-through inspection to determine that all work was properly done. While we are there, WE fill in our inspection form: we indicate that the apartment looks freshly painted, that the carpets or laminate flooring are cleaned or new, that the appliances are clean. The form confirms to us that all aspects of the unit are clean and ready to rent. The tenant/applicant is then invited to inspect the apartment, note any discrepancies not indicated on our form. If any discrepancies are discovered, something we may have missed, we will actually hold up the rental process to remedy the problem. Once fixed, we will again ask the tenant/applicant to sign our PROPERTY CONDITION AT MOVE-IN form, now indicating that there are no flaws. Again, for emphasis, you want a signed form, free of significant faults in the apartment, BEFORE the tenant moves in. After the tenant has moved in, he or she has little motivation to sign such a form.

At this point we have a mutual agreement as to the condition of the apartment. Months, or years later when the tenant moves, deviations from this condition (beyond ordinary wear-and-tear, as discussed in other articles) will properly be charged to the outgoing tenant. AND, should there be a dispute about a deposit refund, at least there should be little room for dispute about the condition of the apartment at move-in.

With a good check-in form, and with a clear understanding between you and your tenant as to the meaning of ordinary wear-and-tear, you should be in a good position to defend proper deductions from a security deposit. Without the forms, it is simply too easy for the out-going tenant to claim that the apartment either wasn’t cleaned or wasn’t painted. Without the prior agreement on the meaning of ordinary wear-and-tear, it is too easy for the tenant to blame all deterioration on ordinary wear-and-tear. Those of you who have been there know all too well how easy it is for a Small Claims judge to side with the tenant. Our forms are available, on request.

And if you must go to court, please, do not forget the importance of photos. Have a good camera or “smart-phone”, and take good-quality images, as they are the most persuasive evidence. Have your best photos printed in 8×10 size. If you do not have photos, it is likely that the judge will ask you “why not ?”. If the damage you are assessing to the tenant does not show up in these photos, you are probably wasting your time showing up in court. You may be the only witness in your behalf, so be a good one, and come well prepared. It has worked well for us.

Dear Readers: This article is the 266th in a series based on the lessons we have learned the hard way. The contents of these articles are merely opinions of the writer. They are not intended as specific legal advice and should not be relied upon for that purpose. Our practice is in constant refinement as we adjust the way we operate to an ever-changing rental market. I always appreciate your questions, comments, suggestions, and solutions. Contact C. Finley Beven, CPM, CCAM, JD. HYPERLINK “mailto:Fin.Beven@BevenandBrock.com” Fin.Beven@BevenandBrock.com .

HYPERLINK “http://www.BevenandBrock.com” www.BevenandBrock.com; www.RentBandB.com/Vacancies