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Legal · · 6 min read

A move-in and move-out inspection that holds up in court

What to document, how to photograph it, and the format judges actually want to see.

The move-in inspection is the single piece of evidence that decides almost every security-deposit dispute. If you have a thorough, dated, photographed record of the unit's condition at move-in, you win. If you don't, you usually lose, regardless of how obvious the damage seems to you.

The inspection's only job

The inspection exists to establish a baseline. Three years later, when the carpet has a stain and the wall has a hole, the question in court is: was that stain or that hole there at move-in? If you can produce a dated photograph and a checklist initialed by the tenant showing the carpet was clean and the wall was unmarked, you've answered the question. If you can produce a vague checklist that says "carpet: OK", you have not.

The format judges actually want

The inspection record should be:

  • Room by room. Not a general unit-wide note. Each room gets its own section.
  • Item by item. Within each room, list the surfaces and fixtures: walls, floor, ceiling, windows, blinds, baseboards, outlets, light fixtures, doors. Each gets a condition note.
  • Specific. Not "good" or "fair". Use words like "clean", "no marks", "two scuffs near baseboard, see photo 14".
  • Photographed. A photo for every wall, floor, ceiling, appliance, fixture, and any pre-existing damage. Date stamps in the file metadata are sufficient; you don't need a stamp on the image itself.
  • Signed and dated by both parties. A digital signature with a timestamp counts. A photo of a wet-ink signature is fine.

The minimum photo set per room

For a typical bedroom, this is what to photograph:

  • Each of the four walls, full wall, square to the wall.
  • The floor, two photos from opposite corners.
  • The ceiling.
  • Each window, including the sill and the inside of the frame.
  • The closet, interior and door.
  • Any outlet, switch, or fixture.
  • The door, both sides, including the lock and hardware.

A bedroom is roughly fifteen to twenty photos. A two-bedroom unit including kitchen and bathroom is roughly seventy to a hundred. It feels excessive in the moment and feels appropriate in retrospect.

The kitchen and bathroom

These are the rooms where most disputes happen, and where most landlords skimp on the inspection. For the kitchen:

  • Inside and outside of every cabinet and drawer.
  • Inside the oven, the microwave, the dishwasher, the refrigerator (including freezer compartment).
  • The range surface and the range hood.
  • The sink, faucet, and disposal.
  • Counters and backsplash.

For the bathroom: the tub or shower (including the surround grout), the toilet, the sink, the floor, the mirror, the medicine cabinet, the exhaust fan, and any caulking.

The walk-through, in person

Do the inspection together with the tenant. Walk room by room. Let them point out anything you missed and add it to the form. The tenant signing the form is what makes it evidence; a form you fill out alone and email later is much weaker.

Bring a printed copy of the form, even if you'll convert to digital later. Tenants will often be more candid pointing out small defects when they're holding a paper checklist than when you're typing into a phone.

The move-out, mirror image

The move-out inspection should walk through the same checklist in the same order. For each item, compare to the move-in record. Where the condition has changed, note specifically what changed and photograph it from the same angle as the move-in photo if possible. The side-by-side comparison is what makes the deduction obvious to a judge.

Schedule the move-out walk-through for after the tenant has moved their belongings out but before they hand back the keys. Empty rooms photograph cleanly and make damage visible.

The three mistakes that lose winnable cases

  • Doing the move-in inspection without the tenant. A unilateral inspection can be challenged as inaccurate or self-serving. If the tenant didn't sign it, the court weights it less.
  • Photographing only the damage at move-out, with no move-in baseline. The tenant's defense is "that was already there when I moved in", and without baseline photos you cannot rebut it.
  • Vague language. "Carpet had some wear" is not evidence. "Carpet had two visible stains in the bedroom near the closet (see photos 8 and 9), no other defects" is evidence.

A starter checklist

The minimum form for a typical apartment, in the order to walk it:

  1. Entry/foyer: floor, walls, ceiling, light, closet, door hardware.
  2. Living room: floor, four walls, ceiling, windows, blinds, outlets, light fixtures, baseboards.
  3. Kitchen: floor, walls, ceiling, cabinets (inside and out), counters, sink, faucet, range, oven, hood, refrigerator, dishwasher, microwave, disposal, lights.
  4. Bathroom: floor, walls, ceiling, tub/shower, toilet, sink, faucet, mirror, exhaust fan, towel bar, light.
  5. Each bedroom: floor, walls, ceiling, windows, blinds, closet (interior and door), outlets, lights.
  6. Hallway and any other rooms: same pattern.
  7. Mechanical: HVAC filter, water heater area, smoke detectors (test), CO detectors (test), thermostat.
  8. Outdoor: patio, balcony, parking spot, storage area.

The inspection takes ninety minutes the first time and forty-five every time after. That hour is the single best-spent hour of the lease. Skip it and you're betting that no dispute will arise. Most leases that's a safe bet. The ones where it isn't are expensive.

This article is general information, not legal or tax advice. Rules vary by state and change over time. When the question matters, ask a local attorney or CPA.