- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Legal Tips When Renting A New Apartment
Congratulations! You’ve got the apartment. The hunt is over. Now for the legal part. Apartment leases can be for a term of months or can be month-to-month. Leases can vary in both depth and complexity.
Once you sign the lease, you should purchase renters insurance, which will cover the value of your personal property should there be a fire or your property is stolen. Renters insurance is relatively inexpensive and will protect you against third-party liability claims should you be sued by someone who gets injured in your apartment.
Initial Walkthrough
Protect your Security Deposit. Before moving in, do your initial walkthrough and inspection of the apartment, and make sure you document everything that is damaged or needs repair:
- Kitchen counters that may be chipped or scratched.
- Carpet that is stained or ripped.
- Walls that look like they have been tainted by water damage and any other areas show excessive usage.
Be specific when documenting areas of concern. It’s advisable to take photographs of all visible damage and items in disrepair.
Once you have made a list of pre-move-in damage, stains, etc., ask your landlord to meet with you so you can share your list and compare notes before moving in. You should both sign the list acknowledging the present condition of your apartment. Make sure to keep a copy. This protects you from being charged later for any preexisting damage to your apartment once you vacate.
Proving Preexisting Damage
It’s a good idea to have a witness with you when you note the condition of your apartment.
Suppose you’re concerned about being charged for preexisting damage. In that case, you can go one step further and seal your document and photographs in an envelope and mail it to yourself, ensuring the postmark is visible — but don’t open it. Keep it sealed so that you can open it in the landlord’s presence (along with a witness) if there is a dispute.
All these legal precautions may seem silly, but you never know what the landlord will claim when your lease is up and you have to vacate. You don’t want to lose your security deposit and have to take your landlord to small claims court to get it back.
As a tenant, under local and state law, you are legally responsible for all damage to the apartment during the term of your tenancy. But not before or after you vacate.
Reasonable Wear And Tear
The landlord cannot penalize you for reasonable wear and tear caused by reasonable use and aging. If the stove was ancient when you moved in, but working, then it’s probably not your fault if it goes into disrepair during your tenancy. However, if your pet dog rips up the carpet, you’ll be liable for repairing or replacing it.
Confirm Important Communications In Writing
Follow-up conversations with your landlord about the apartment’s condition or other potential legal issues should always be confirmed in writing. Keep copies of all correspondence confirming your discussions and agreements.
