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>Renting
Laws >Security Deposits
>Damage Lists
Damage
Lists
If
your landlord requires a security deposit, you are entitled to receive
a written list of any damages that exist when you move into an
apartment. You are also entitled to a list of damages when you move
out. THESE LISTS ARE VERY IMPORTANT – they prevent the landlord from
keeping your money later when it is time to return your security
deposit.
Steps
To Complete the Damage Lists
Damages
To Notice
Steps
To Complete the Damage Lists:
-
When
you are getting ready to move into or out of an apartment, you
are entitled to inspect the premises before signing the damage
list (this is the “Walk-Through”). The damages on the list do
NOT exclude any latent defects of existing damages.
-
If
you disagree with anything on the list, you can refuse to sign it.
-
If
so, you must make a list of “item(s) of dissent” in writing,
stating each of the items you disagree with.
-
You
must then sign the “item(s) of dissent” before signing the
original damage list.
-
If
a landlord later tries to keep your money, you can refer back to
the “item(s) of dissent” and reclaim your security deposit in
court.
-
REMEMBER
that you are entitled to a damage list both BEFORE MOVING IN and
AFTER MOVING OUT. If
you do not receive a damage list, the landlord cannot keep any of
your security deposit. However, if you end up taking the
landlord to court for the deposit, you cannot prove you did not
damage the apartment without a Damage List.
-
If
your landlord keeps your security deposit based on the damage
list, you can dispute the accuracy of the final damage list and
bring the action to District Court.
However, if you did not make an “item(s) of dissent”
list and sign it, you are less likely to get your money back in court.
Listed
below are some Damages To Notice in the
apartment when making a damage list:
-
Leaky
Plumbing (toilets, faucets, pipes, etc.)
-
Check
water faucets, toilet, and shower to make sure they run. Turn on
the water: how hot and how cold can you get it?
-
Holes
or Cracks in the Walls or Ceilings
-
Missing
or Broken Windows and Screens
-
Defective
Appliances – Check the stove, oven, refrigerator and any other
appliances to make sure they work.
-
Defective
Wiring (Switches, Outlets, etc.) – Turn on ceiling lights to
make sure they work. Ask
about or check all cable, phone, and electric sockets to see which
ones work.
-
Damaged
Bathroom Fixtures
-
Defective
Heating, Air Conditioning, Hot Water Heat. Ask the current tenants
or the landlord if the thermostat works.
-
Damaged
Flooring/Floors
-
Doors
that are Damaged or don’t Fit Properly
-
Missing
or Damaged Doorknobs, Locks, Hinges. Inspect the locks on all
outside doors. Are they sturdy? Are the doors and hinges
themselves sturdy?
-
Evidence
of Insects and Rodents
-
Peeling
Paint or Wallpaper
-
Anything
on the exterior for which the tenant might be held responsible
-
Wet
or bowing ceiling (if on the top floor) where rain might be
leaking in
-
Look
for cracks in the window itself as well as around the window.
-
Damaged
Furniture (if there is any). Check furniture for sturdiness.
-
Ask
to see the furnace and water heater. Look for rust chips, rocks or
other types of debris around them. This can result in carbon
monoxide problems (including poisonings).
Remember
to be thorough and specific when inspecting.
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