Free Renter's Inspection Worksheet

The common law with regard to Landlord or Tenant liability for defects in the premises is well established. The Landlord is liable for dangerous conditions which are known to the Landlord but not disclosed to the Tenant. The Landlord is also liable for dangerous conditions which the Landlord could have learned by the exercise of proper care and diligence. In fact, the Landlord is considered to have "constructive knowledge" of a dangerous condition where it can be shown that the condition occurred with regularity and was therefore foreseeable. The Landlord has a duty to reasonably inspect the premises before allowing the Tenant to take possession, and to make the repairs necessary to transfer a reasonably safe dwelling unit to the Tenant unless defects are waived by the Tenant.

On the other hand, the Tenant is held responsible for dangers existing prior to the lease and which were obvious or which should have been discovered upon reasonable investigation by the Tenant. In other words, the Landlord has no duty to advise a Tenant of a condition which is readily apparent.

Finally, when the Tenant accepts the rental premises, the Tenant does not relieve the Landlord of his responsibility to disclose (or repair) defects that are "latent" (hidden) and could not have been discovered by a reasonably careful inspection.

This optional section probably does not change the rights and duties of the Landlord and Tenant with respect to each other, whether or not it is included. However, including the section serves to highlight the respective duties of the parties and serves as an educational and informational tool. Landlords will want to include this section because it notifies the Tenant of what the Landlord is not responsible for. Tenants may choose not to include this section, even though including it probably does not alter their legal relationship with the Landlord.

1. The Renter's Inspection Worksheet should be printed and taken to the rental premises, where it should be completed during a joint inspection by the Landlord(s) and the Tenant(s). Comments should be included where appropriate.

2. When the inspection and the Worksheet have been completed, the Worksheet should be dated and signed by both the Landlord(s) and the Tenant(s). Each party should retain a copy.

3. If the optional Smoke Detector Section is included, that section should be separately initialed by the Tenant at the time that the detector is tested.

4. After the Tenant has moved out of the rental premises, the Worksheet should be used to make a comparison inspection of the dwelling. Comments should be recorded on the Worksheet to indicate any items which have deteriorated more than what would be considered normal wear and tear.

The proper operation and maintenance of the smoke alarm is so vital to both the Tenant and the Landlord that special attention should be given to this item. The Landlord should show the Tenant the smoke alarm paragraph, take the Tenant to where the smoke alarm(s) is/are located, demonstrate how they work, and ask the Tenant to initial the paragraph to indicate that the Tenant knows how to maintain the smoke alarm and agrees to be responsible for such maintenance.