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Is a move-in checklist required? State laws compared

Fiveover editorial team 6 min read

Short answer first: no federal law requires a move-in checklist, but a good number of states do, and some of them punish the landlord who skips it. Where it is optional, it is still the single document that decides most deposit disputes, because it is the only proof of what the unit looked like on day one.

Below is a table of the states we checked against the statute text or an official state source, then a walkthrough method that leaves a clear record if someone later disagrees.

Which states require a move-in checklist

These states require a written condition checklist, statement or inventory at the start of the tenancy, or require the landlord to offer an inspection. Deadlines and effects differ a lot.

State Statute What is required, and when Consequence or effect
Washington RCW 59.18.260 No deposit may be collected unless the lease is written and a checklist or statement of the unit’s condition and cleanliness is signed and dated by landlord and tenant at the start of the tenancy; tenant gets a copy Landlord who collects a deposit without the checklist is liable for the deposit amount; prevailing party can recover court costs and attorney fees
Michigan MCL 554.608 Landlord gives 2 blank copies of an inventory checklist (same form as at move-out) covering carpets, appliances, walls, fixtures etc. Tenant returns 1 completed copy within 7 days of getting possession, unless both agree to a shorter period
Virginia § 55.1-1214 (deposits: § 55.1-1226) Landlord gives a written report of existing damage within 5 days after occupancy Report is deemed correct unless tenant objects in writing within 5 days of receiving it
Massachusetts G.L. c. 186 § 15B If a deposit is taken: separate written statement of condition, on receipt of the deposit or within 10 days after the tenancy starts, whichever is later Tenant has 15 days to return it with a signed list of any other damage. Listed damage can’t be deducted later unless the landlord repaired it afterwards and proves the new damage is unrelated and caused by the tenant or guests
Georgia O.C.G.A. § 44-7-33 (DCA handbook) Before the deposit is paid, tenant gets a list of existing damage and may inspect to check it; both sign. Per the state handbook, this applies to landlords who own more than 10 units (counting a spouse’s and children’s) or use a management agent Signed list is conclusive except for latent defects; a tenant who disagrees signs a written dissent listing the disputed items
Arizona A.R.S. § 33-1321 At move-in, landlord provides a signed copy of the lease, a move-in form for noting existing damage, and written notice that the tenant may be present at the move-out inspection Tenant can ask to be told when the move-out inspection happens
Kansas K.S.A. 58-2548 Landlord and tenant jointly inventory the premises within 5 days of the start of occupancy Both sign duplicate copies of the written record; tenant gets a copy
Montana MCA 70-25-206 A landlord who requires a deposit gives a separate written statement of the unit’s present condition when the lease is signed or the tenancy starts On written request, tenant also gets the previous tenant’s damage and cleaning list. Without the statement, the landlord can charge for damage or cleaning only with clear and convincing proof the tenant caused it
Kentucky KRS 383.580 Before paying a deposit, tenant receives a list of existing damage with estimated repair costs and may inspect first; both sign Signatures are conclusive evidence except for latent defects. Applies only where the city or county adopted the act (KRS 383.500)

States with a softer rule:

State Statute Rule
Maryland Real Prop. § 8-203.1 The deposit receipt must tell the tenant of the right to an inspection in the tenant’s presence, to list existing damage, if requested by certified mail within 15 days of occupancy
New York GOL § 7-108 (1-a)(c) For units covered by § 7-108, the landlord must offer an inspection after signing and before move-in; if the tenant asks, both sign a written agreement on the condition, and nothing noted in it may be deducted later
California Civ. Code § 1950.5, as amended by AB 2801 No checklist rule, but for tenancies starting on or after July 1, 2025, the landlord must photograph the unit immediately before or at the start of the tenancy

Other states may have rules we left out because we could not confirm them from the statute or an official source. Local ordinances (cities, counties) can add requirements on top.

Where it is not required, do it anyway

Everywhere else, a checklist is voluntary, and landlords and tenants skip it for the same reason: move-in day is busy. Then 18 months later nobody can prove whether the scratch on the floor was already there.

The burden problem cuts both ways. A landlord who wants to deduct needs to show the damage appeared during the tenancy. A tenant who says “it was already like that” needs to show it too. The signed checklist, with its photos, is where both of you look first.

How to do the walkthrough, room by room

Plan 45 to 90 minutes for an apartment, longer for a house. Do it before furniture goes in, in daylight, with both parties present if you can.

Go in the same order every time, clockwise from the entry door, and in each room check:

  • Floors: scratches, stains, loose tiles, carpet wear paths, burns
  • Walls and ceilings: holes, patched spots, paint condition, water stains
  • Doors and locks: does each door close and lock, keys counted
  • Windows: cracks, screens, blinds, locks, seals
  • Lights and outlets: every bulb, every switch; a plug-in tester is cheap
  • Kitchen: stove burners and oven, fridge seals, dishwasher run, sink and garbage disposal, cabinets
  • Bathrooms: toilet flush and base, tub and tile grout, caulk, fan, water pressure, signs of mold
  • Heating and cooling: turn it on; note the filter date
  • Smoke and CO alarms: test and note
  • Outside and storage: balcony, garage, parking spot, mailbox key

Write what you see, not a verdict. “Two 1-inch scratches on oak floor, 20 inches from the window” beats “floor OK”. Note counts: 3 keys, 2 garage remotes, 1 mailbox key.

Photos that hold up

Take a wide shot of each wall from the doorway, then close-ups of every defect you wrote down, with something for scale. Photograph meters with readings. Keep the originals with their timestamps; don’t only send compressed copies through a chat app.

Link photos to line items. A folder of 200 unlabeled pictures is much weaker than “kitchen, item 4: burn mark on countertop, photo 12”.

Both signatures, and copies for both

The checklist counts when both sides sign it and both keep an identical copy. In Georgia and Kentucky the signed list is conclusive for everything but latent defects, so correct it before signing, or sign a written dissent for the items you dispute.

If the other side won’t sign, send your version the same day in a way you can prove, and ask for corrections within the statutory window (Michigan 7 days, Virginia 5, Massachusetts 15). A move-in/move-out inspection report takes most of that friction out: you walk through the unit and talk, AI writes up each room with its photos, and the PDF is sealed with a timestamp. The other side can sign right there on your phone, or later by email.

At move-out, use the same list, in the same order. That is what makes the comparison fair. If you rent in California, the move-out side has its own rules: see the California pre-move-out inspection, and for what counts against the deposit at all, normal wear and tear vs damage.

You talk. AI writes the report.

Move-in / move-out inspection report: walk through and say what you see. AI writes each section and tells you what's missing before you finish. Then the PDF is sealed.

The other side can sign on your phone, on theirs from a QR code, or later by email. The PDF shows who signed.

Questions people ask

Is a move-in checklist required by law?
In some states, yes. Washington, Michigan, Virginia, Massachusetts, Georgia, Arizona, Kansas, Montana and Kentucky (where its landlord-tenant act applies) require a written condition report or inventory at move-in. Most other states leave it optional, but courts still look for one when a deposit is disputed.
What happens if my landlord never gave me a move-in checklist?
It depends on the state. In Washington a landlord who collects a deposit without providing a written checklist at move-in is liable for the deposit amount, plus court costs and attorney fees to the prevailing party. Elsewhere it mostly weakens the landlord's proof. Make your own dated record with photos and send it to the landlord.
How long do I have to return the move-in checklist?
Michigan gives tenants 7 days to return a copy, Massachusetts 15 days, Virginia 5 days to object to the landlord's report, and Maryland 15 days to request an inspection. Check your lease and your state's statute, and send it back in a way you can prove.
Should the tenant sign the move-in checklist?
Yes, once it is accurate. In Georgia and Kentucky the signed list is conclusive evidence of the condition, except for hidden defects, so write down disagreements before you sign. In Georgia you sign a written dissent for items you dispute.

Sources

  1. RCW 59.18.260 (Washington State Legislature)
  2. MCL 554.608 (Michigan Legislature)
  3. Va. Code § 55.1-1214 (Virginia Law)
  4. Mass. General Laws c. 186 § 15B (malegislature.gov)
  5. Georgia Landlord-Tenant Handbook (Georgia Department of Community Affairs)
  6. A.R.S. § 33-1321 (Arizona Legislature)
  7. KRS 383.580 (Kentucky General Assembly)
  8. KRS 383.500 (Kentucky General Assembly)
  9. Md. Code, Real Property § 8-203.1 (Maryland General Assembly)
  10. K.S.A. 58-2548 (Kansas Revisor of Statutes)
  11. MCA 70-25-206 (Montana Legislature)
  12. N.Y. General Obligations Law § 7-108 (NY Senate)
  13. AB 2801 (2024), California security deposits (bill text)

General information, not legal advice. Laws change: check the linked sources for your case.