Signing Annual Inspection Checklist (lease agreement, tenant, security deposit, house)

[cocteautwins]

We live in California and have been renting the same house for 4 years now. As part of our lease agreement, the landlord is allowed to conduct an annual inspection of the house. After the inspection, the landlord writes up a condition checklist where they evaluate the items in each room (Excellent, Good, Fair, Bad) with some additional comments. This condition checklist is then delivered to us and they request that we sign it.

Past inspections have caused some friction between us. Their primary argument is that everything was new 4 years ago and should still be new and in the same condition today. Because of this, we have a hard time determining what they consider to be normal wear and tear and what they would actually consider deducting from the security deposit. We anticipate that we will need help in determining what is normal wear and tear and actual damage when we move out (probably in a year).

My question is - should we sign the document? I am a bit concerned that by doing so, we are agreeing to their assessment and setting us up to pay for items that have just been subject to normal wear and tear. I don't feel that we are obligated to sign it, but at the same time, I don't want to cause any additional friction between us. Also, I anticipate that we will be moving in a year, so we could revisit these items as part of our final inspection prior to moving out.

Thanks for your help!

[AZ Manager]

I can't help with your question except that if it's normal wear over 4 years most items should still be in okay to good condition at worst. Appliances last 10+ years, carpet is the lowest life of flooring and paint in CA is end of life anyway. Everything else should be a non-issue.

Never sign anything you don't agree with or don't fully understand.

[oregonwoodsmoke]

Of course, you sign it. Get a copy for yourself to keep.

If you do not agree with the assessment, you make a note on the document and initial it before you copy it and send it back.

If it says carpet worn, you notate "normal wear and tear" before you send it back. If it says carpet dirty, sorry, but dirt is not wear and tear and it is up to you to remove any dirt that you bring in.

After 4 years, maybe everything won't look brand new, but it should not be far removed from how it looked brand new if cleaning has been regular. 4 years isn't enough time for anything to wear out unless it has been abused. But make notes on the condition report if you think it is justified, really justified and not just because you don't want to pay for it.

[cocteautwins]

Thank you for your help. I think adding notes to the document is fine for obvious things, but what we are having problems with are things that we aren't sure if we are responsible for or if it is just normal wear and tear.

For example, they have noted that there is a crack in the granite counter top in the kitchen. However, it is so obscure that they had to show it to me and it is not visible unless you are really close. I'm not even sure it is a crack. I'm not familiar enough with granite counter tops to make that judgment. I don't believe we have abused the granite counter top, so is this normal wear and tear? They have already suggested that this was our fault and that's why we are concerned about signing the document. Should I just state that we do not believe that this is our fault and that we need to do additional research?

We are willing to pay for any damage that we have done, but we don't want to be taken advantage of because they want everything to be new again.

[Electrician4you]

I do a inspection after high wind or lots of rain. I do reserve the right to do inspections every 4 months. I usually do one at 90 days (that's if I haven't gone in for done repair/issue) to simply see how the property is being treated.
I consider myself bless that I have great tenants. Pay on time and the places look great.

What I would do is simply write on the form right below your signature that you do nit agree with the findings. Ultimately when you do leave the landlord
1. Has to send you a itemized list of items (with estimates or receipts) you are being charged for or a good estimate. He has to get this done and delivered within 21 days of you vacating.
2. If he doesn't do this you send a letter of demand for a FULL refund of your security deposit due to the 21 day clause.
3. If he does send the list then you can go to court and tell it to the judge.


What I would do is
1. Make sure you get a copy right there. There are apps that take pics and turn them into docs or pdfs. I have one I use all the time.
2. Take pics or video of the whole property inside and outside when you are moved out and are ready to surrender the property. Keep it safe.

To me normal wear and tear is carpet being tamped down in high traffic areas. Paint scuff marks, a few nail holes from hanging pictures, a loose cabinet door, a faucet that is leaking or seeping water. A food disposal that rusts out, a stove that has a non working igniter or a microwave that broke from use. A leaking toilet or shower head.
Basically things that wear from constant use

Now of your husband is a crazed meth head who likes to write his name on the wall by using a 22 oz framing hammer or baseball bat that's not wear and tear.
Your dog pissing or crapping on the carpet and your kid smearing the poop on a wall then outlining it with crayon dipped in peanut butter that's not wear and tear either.

After 4 years of a tenant living ther I would expect sime wear and tear that's not chargeable. And truthfully I'm not very vindictive. I had very few instances where I had charge backs. In 20 years I thing I had two charges and one I reversed because it wasn't really their fault.