The law requires the landlord to give the tenant a move-in inspection form at the beginning of the rental agreement (see A.R.S. 33-1321(C)). The form is for the tenant to document existing property damage/defects. That is all that is required by law, but that is grossly insufficient (in my view).
As a landlord, you must look ahead to a court trial.
- How will you "document" the condition of the rental property before the tenant took possession of it, so that you can charge the tenant for property damage and/or excess wear and tear?
- What this question really means is: What evidence do I need in a court trial to recover for property damage and/or excessive wear and tear?
First, you should have a "running list" of property defects for each rental property. Start the list on the day you acquire the rental unit or the first day you begin using the property as a rental. If that is not possible, then just start today. List the existing property defects. If you fix an item, update the list. If another defect arises, add it to the list. As time goes by, it will become a "running list" of defects and repairs for the rental unit. But this alone is still inadequate.
Second, take a digital video of the exterior and interior of the rental unit BEFORE every tenant takes possession. If there are any existing property defects, take still photographs of those items.
Third, take a digital video of the interior of the rental unit the FIRST TIME you enter the rental unit after the tenant has vacated. This could be: (1) the date the tenant gives you the key, (2) the date the constable gives you legal possession of the rental unit when s/he serves a Writ of Restitution (which can only be served after you have won a judgment in court against the tenant), or (3) after you have completed the abandonment process and retaken possession of the rental unit. As I said, take this video the very first time you enter the rental unit. Make it one continuous video of the inside. You should also take video of the exterior, which can either be a continuation of the video after you have finished the interior or can be a separate video that is taken before or after you take video of the interior. The reason for the taking the video the very first time you enter the rental property and for making it one, continuous video (not several short videos), is to reduce allegations that you caused the property damage after you recovered possession.
Finally, you must take AT LEAST two still photographs of each item of property damage. For example, let's assume the living room has a hole (large or small) in the wall. For photograph one, stand as far away as you can, but be sure you can see the hole in the wall and, most importantly, that the photograph lets you, the tenant, and the judge know where you are in the house. For photograph two, get as close as you can and fill the view finder of the camera with the damage. If you only have photograph two and don't have photograph one, no one (including you) will be able to tell which room in the house sustained the damage or even if the damage is in your rental unit. So take AT LEAST two still photographs, but you can certainly take more if desired.
You live in a digital world. It costs no more to take 50 digital photographs than it does to take 1 photograph. Also, Judges expect to see good, clear photographs from the landlord when the landlord is seeking to recover for property damage. Think ahead and make it easy for the judge to find in your favor by bringing in good evidence of the property BEFORE the tenant took possession and AFTER the tenant vacated.
Lease requires tenant to replace light bulbs as necessary. Tenant fails to do so and landlord has to pay to replace burned out bulbs. Can landlord deduct cost of bulbs from tenants security deposit?
RESPONSE by Carlton C. Casler. Yes.
Posted by: Neil harrington | May 05, 2016 at 08:58 AM