Everything you need to know about move-in inspection and move-in report. Did you know that the move-in inspection impacts how much you can your landlord can claim from you, when you move out? Actually, you can in some situations move out without paying a dime.
What is a move-in inspection?
A move-in inspection is in many ways equivalent to a final inspection when moving out. The move-in inspection is held when you move into a new tenancy and is typically held in connection with handing over the keys to the tenancy. The inspection is done by the landlord or a representative. As a rule, the tenant must also be represented, but you can also decide not to attend. If you choose not to attend, you must receive a report about the condition of the tenancy as it is when moving in. You need to have received the report at the latest 14 days after the inspection was held.
The purpose of the move-in report is to determine the condition of the tenancy when it is handed over to the new tenant. The tenant cannot be held responsible for the defects and shortcomings that were present when moving in. When you out of the tenancy, you must hand over the tenancy in the same condition as when you moved in. This is why the inspection is important in order to determine the condition you must ensure the tenancy is in.
What is a move-in report?
In connection with the move-in inspection, a report must be made. In the report, it must state in which condition the tenancy is in. It is usually the same things that are gone through at the move-in inspection as at the final inspection, which is why the same scheme is used in both reports. An assessment will be made if the there has been painted adequately, the condition of the floors, ceiling, windows, lists and doors, etc.
The report is both tenant and landlord’s proof of the condition of the tenancy when handed over. If any disputes should occur when moving out, the move-in report is of great importance in terms of proof, hence it is very important to save the report.
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The rules that apply for the move-in inspection and report depends on whether your landlord rents out one or more tenancies. We differentiates between landlord that are seen as amateurs or professional landlords.
Formalities regarding move-in inspection and report
Landlords, who rent out more than one residence, are obligated to conduct a move-in inspection. Contrary to the above mentioned, landlords with only one residence are not obligated to conduct the inspection. However, it is recommended that all landlords conducts the inspection to determine the condition of the tenancy.
It is the landlord’s responsibility to conduct the inspection. It is also the landlord’s responsibility to invite the tenant to the inspection. If the landlord does not conduct the inspection or the tenant is not called in for the inspection, the landlord loses the right to demand refurbishing when moving out except from potential mistreat from the tenant.
If the tenant participates at the inspection, the landlord must hand over a report at the inspection. If the tenant does not participate, the landlord must send the report to the tenant at the latest 14 days after the inspection took place. If the landlord does not comply with with rule, the landlord loses the right to demand refurbishing when moving out except from potential mistreat from the tenant.
My landlord did not conduct a move-in inspection - What do I do?
If your landlord does not conduct the inspection, and your landlord rents out more than one tenancy, he/she loses the right to claim refurbishing when you move out. Typically, this is a positive thing for you. In the meantime, there can be defects and shortcomings when you moved in that you want correcting, as the tenancy does not live up to what you agreed upon. In such situations, you should contact your landlord and ask for these to be corrected. Furthermore, you should also add these shortcomings in the list of defects and shortcoming (read more about this further down in the article).
It is important that you remember that your landlord did not conduct a move-in inspection, as you do not have to pay the expenses for the refurbishment. If your landlord attempts to make a claim, you can merely refer to the fact that an inspection was not made when you moved in. It is the landlord that has the burden of proof that there has been conducted an inspection.
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Defects and shortcomings list
If there has not been conducted a move-in inspection or you did not discover certain defects or shortcoming until after the inspection was conducted, you should fill out a defects and shortcomings list. The list is just as good proof as the inspection if any disputes occurs when moving out. It is also a good idea to attach pictures of the defects and shortcomings, as there will be no doubt about the issues.
The defects and shortcomings list must be filled out and sent to you landlord at the latest 14 days after the tenancy begins. It is crucial that you comply with this deadline, as the the list may not be approved. The list is made in order to determine the condition of the tenancy when you move in. If too much time passes by after moving in, the chances of the defect or shortcoming being there before you moved in are significantly lower. Therefore, it is important to comply with the 14 days deadline.
By filling out the list, you avoid being held liable for defects and shortcomings that were present when you moved in. If you do not fill out the list, you cannot prove that is was not you, who caused the defect.
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What do you especially need to be aware of?
- Has the landlord stated in the lease that a move-in inspection has been conducted? Sometimes, the landlord will tick of “yes” in the lease where it asks whether an inspection was conducted or not – despite them not doing so. This is something you must be aware of and notify your landlord that you want it corrected.
- Notice if your landlord goes through the inspection quick and superficially or thoroughly? If it is done superciafially, you need to be very thorough with your defects and shortcomings list, as several defects may be overseen.
- Have you received a move-in report? Remember that the landlord loses the right to claim the expenses for refurbishment if you have not received the report on the spot or within 14 days.
- Remember to fill out the defects and shortcomings list within 14 days of the tenancy. This is a safeguard for when you move out and is therefore very important.
Get legal advice and avoid being deceived
This topic can be very complicated as a tenant. The above is to be seen as a general guidance and not as downright legal advice. We always recommend that you contact us to ensure that you get the proper necessary legal advice that is relevant for your specific case.
You can get help with this topic but also any other matters you may have. Unfortunately, we see many tenants that are being deceived. Often, they miss out on a lot of money – anything from a couple thousands to 30-40,000 kroner. Imagine what else you could spend the money on.
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