Chapter 7 Getting the Tenant Moved in

• Library: Every Landlord's Legal Guide (Nolo) (2020 Ed.)

CHAPTER 7 Getting the Tenant Moved In

Inspect the Rental Unit

Use a Landlord-Tenant Checklist

How to Fill Out the Checklist

Sign the Checklist

Photograph the Rental Unit

Send New Tenants a Move-In Letter

Cash Rent and Security Deposit Checks

Organize Your Tenant Records

How to Establish a Filing System

How to Handle Credit Reports

How to Respond to Security Breaches

Organize Income and Expenses for Schedule E

Using Email for Notices or Other Communications With Tenants

On the One Hand: Electronic Notice Is Acceptable in Most Situations

On the Other Hand: Emails and Texts Might Be Legal, But Demonstrating Their Receipt Might Not Be Easy

The Bottom Line: Stick With a Traditional Mail or Delivery Service

FORMS IN THIS CHAPTER

Chapter 7 includes instructions for and samples of the following forms:

• Landlord-Tenant Checklist
• Move-In Letter

The Nolo website includes downloadable copies of these forms. See Appendix B for the link to the forms in this book.

Legal disputes between landlords and tenants can be almost as emotional as divorce court battles. Many disputes are unnecessary and can be avoided if tenants know their legal rights and responsibilities. A clearly written lease or rental agreement, signed by all adult occupants, is the foundation of a strong tenancy. But establishing a dispute-free relationship based on mutual understanding requires more. In addition to signing a solid lease or rental agreement, you'll want to:

• inspect the property with the tenant and fill out a Landlord-Tenant Checklist, and
• prepare a move-in letter highlighting important terms of the tenancy and your expectations.


States That Require a Landlord-Tenant Checklist
Several states require landlords to give new tenants a written statement on the condition of the rental premises at move-in. Tenants in these states often have the right to inspect the premises to verify the accuracy of the landlord's list and to note any problems. Check the statutes for the exact requirements in your state, including the type of inspection required at the end of the tenancy. For citations, see "Required Landlord Disclosures" in Appendix A.

Inspect the Rental Unit

To reduce the potential for future arguments, you (or your representative) and the new tenants (together, if possible) should inspect the rental for damage and obvious wear and tear before the tenants move in.

During the inspection, document what you see. Using a Landlord-Tenant Checklist, discussed below, is one of the most straightforward ways of recording the unit's condition.

In some states, the law requires you to give new tenants a written statement on the condition of the premises at move-in time, including a comprehensive list of existing damage.

Tenants in many of these states have the right to inspect the premises after receiving the landlord's list, and to note any problems or disagreements.

Even if a move-in inspection with documentation isn't legally required, you should consider it an essential part of creating a thorough file on the tenancy.

Use a Landlord-Tenant Checklist

When the tenant moves out, if you discover that the walls have holes and the carpet is ripped, you'll want to use the tenant's security deposit to cover the repair costs. Without thorough documentation of the condition of the rental at both move-in and move-out, it will be difficult to prove that the tenant caused the damage—how will you show that the damage didn't exist when the tenant moved in?

A Landlord-Tenant Checklist provides the written record you'll need to support charging a tenant for damages to the rental. It can also serve as a key piece of evidence in the event you find yourself in a court battle over the security deposit.

Coupled with a system to regularly keep track of the rental property's condition, the checklist will also be extremely useful if a tenant withholds rent, breaks the lease and moves out, or sues you outright based on a claim that the unit needs substantial repairs or isn't habitable. See Chapter 9 for instructions and forms that will let you stay updated on the condition of your rental properties.

A sample Landlord-Tenant Checklist is shown below, and the Nolo website includes a customizable download. See Appendix B for the link to the forms in this book.

Landlord-Tenant Checklist

Checklist for Furnished Property

How to Fill Out the Checklist

You and the tenants should fill out the checklist together. If that's impossible, complete the form and then give it to the tenants to review. The tenant should note any disagreement and return it to you within a few days.

The checklist is in two parts: the General Condition of Rental Unit and Premises, and Checklist for Furnished Property. If your rental is not furnished, you can delete the second part.

You will be filling out the first column—Move-In Condition—on or before the tenant's move-in date. You'll fill out the second column—Move-Out Condition—when the tenant moves out and you inspect the unit again. See Chapter 15 for details on returning security deposits and using the checklist at move-out time.

Each room has its own section in the checklist. If you happen to be renting a one-bedroom, one-bath unit, our preprinted form will work just fine. However, chances are that your rental has a different number of rooms or elements in those rooms than those on the checklist form. Changes are no problem if you use the downloadable form. You can change the entries by adding or deleting rows and columns. For example, if you want to add a bedroom, simply copy the Bedroom section, paste it into the table, and label it Bedroom #2. You may also delete sections and items if they are not included with your property.

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