Security Deposits

Documenting Your Apartment Condition for Deposit Protection

Take dated photos and a signed checklist at move-in, put repair requests in writing, repeat the photos at move-out, and keep the file until claim deadlines pass.

On this page
  1. How to document the unit at move-in
  2. Which states require a move-in checklist or condition statement?
  3. How to keep a record during the tenancy
  4. How to document the unit at move-out
  5. How long should you keep your records?

Build three sets of evidence: dated photos, video, and a signed condition checklist before you move in; written repair requests while you live there; and matching photos when you move out. Some states put part of this on the landlord. A Washington landlord cannot collect a deposit without giving you a signed move-in checklist and owes you the full deposit if it collects one anyway, and a Massachusetts landlord must give you a written statement of the unit's condition within 10 days after your tenancy begins. Keep the whole file until the deposit is settled and the deadline for a lawsuit over the lease has passed, which is 4 years for a written lease in California.

How to document the unit at move-in

  1. Shoot the empty unit first. Before any furniture comes in, go room by room and photograph each wall, the floor, ceiling, windows, doors, and fixtures. Take a wide shot that shows where you are, then a close-up of every flaw: stains, scratches, chips, holes, and torn screens.
  2. Open and test everything. Photograph inside the oven, refrigerator, dishwasher, cabinets, and closets. Run the faucets and shower, flush each toilet, and switch on every burner and appliance, recording anything that leaks or does not work.
  3. Record a narrated video. Say the date and address at the start, then walk through slowly and name each problem as you film it.
  4. Keep the original files. Originals carry the date and time they were taken; screenshots and edited copies may not. Back them up to a second place, such as cloud storage or an email to yourself.
  5. Fill in the checklist with specifics. Write "2-inch burn mark on counter left of sink" rather than a general rating such as "fair condition", so the list shows exactly what was there before you moved in. Sign and date it, have the landlord sign, and keep a copy.
  6. Send it in writing. Email the checklist and a link to your photos to the landlord within any deadline your state sets, and ask for confirmation that it arrived.

For the rest of your move-in tasks, see our move-in checklist for renters.

Which states require a move-in checklist or condition statement?

These five states put specific documentation duties on the landlord. For how other deposit rules vary by state, see our overview of state security deposit laws.

State What the landlord must do Your deadline What it does for you
Washington Give you a written checklist of the unit's condition and cleanliness at the start of the tenancy, signed and dated by both of you, with a copy for you Review and sign it at move-in The landlord cannot charge for fixtures, appliances, or furnishings whose condition the checklist did not reasonably document.
Massachusetts Give you a signed statement of condition listing existing damage when it takes your deposit, or within 10 days after the tenancy starts, whichever is later 15 days after you receive it or move in, whichever is later, to sign and return it, attaching your own signed list of any damage it left out; if you miss it, a court may treat the landlord's list as complete No deduction for damage on the landlord's statement, or on your list if the landlord signs it.
New York Offer you a joint inspection after you sign the lease and before you move in Ask before you move in You both sign a written record of the unit's condition, and the landlord cannot keep deposit money for anything noted in it.
Virginia Give you a written report of existing damage within 5 days after you move in, unless the landlord's written policy has you prepare it or has you both prepare it together Object in writing within 5 days of receiving the landlord's report; a joint report becomes final once you both sign it The report is treated as correct unless you object, so check it line by line.
California Photograph the unit at the start of tenancies beginning on or after July 1, 2025, and at move-out before and after any repairs or cleaning it will charge for None The photos must come with the itemized statement when repairs and cleaning deductions exceed $125, unless you waived them in writing at or after a notice ending your tenancy, or in a fixed-term lease's last 60 days; either way, you can demand them within 14 days of getting the statement.

What a landlord loses by skipping the checklist differs by state. In Washington, RCW 59.18.260 makes a landlord who takes a deposit without a checklist liable for the full amount, and the winner of a lawsuit over it can recover court costs and attorney fees. In Massachusetts, the right to take a deposit at all depends on giving the statement of condition (G.L. c. 186, section 15B), and the state's legal aid guide says you may demand the deposit back if you never get one. In California, a landlord who in bad faith fails to send the required documentation with the itemized statement cannot claim any of the deposit. If your landlord gives you nothing, write your own list, sign it, and send it with your photos. More detail is in our guides to Washington deposit rights and Massachusetts deposit rights.

How to keep a record during the tenancy

  • Put repair requests in writing. Use email, text, or the landlord's online portal, attach a photo, and give the date you noticed the problem. A dated request shows when the landlord learned about a leak or a broken appliance, which matters if the landlord later blames you for damage that followed.
  • Save the replies. Keep the landlord's responses and any work orders, and photograph the area after a repair, especially if a worker scuffed a wall or scratched a floor.
  • Get permission for changes in writing. Before you paint, mount shelves, or swap fixtures, get the landlord's approval by email and file it with your lease.
  • Add photos when something changes. A new appliance, a repaired ceiling, or a replaced carpet changes the baseline, so photograph it when it happens.

How to document the unit at move-out

  1. Ask for the pre-move-out inspection, if your state provides one, as soon as you give notice. California and New York require landlords to tell you about it in writing (in New York, unless you give less than 2 weeks' notice), and New York holds it 1 to 2 weeks before the tenancy ends, so you can fix what it lists before you leave. Our guide to move-out inspections explains what happens at one.
  2. Finish cleaning and remove everything you own before you take photos.
  3. Repeat your move-in shots from the same angles, so each photo has a before-and-after pair, and photograph the inside of appliances and cabinets again.
  4. Photograph every key, fob, and remote you return, and get a dated receipt or email confirming the return.
  5. When the itemized statement arrives, match each charge to a before-and-after pair. Marks from ordinary use cannot be charged; our guide to normal wear and tear vs. damage shows where the line falls.

How long should you keep your records?

Keep the full file, including the lease, deposit receipt, checklist, photos, repair requests, move-out notice, and forwarding-address letter, until the landlord has returned your deposit with an itemized statement you accept. If there is a dispute, keep it until the matter is closed.

After that, keep a backup for as long as a landlord could still sue you over the lease, for example claiming damage that costs more than the deposit. In California, a suit on a written lease can be filed up to 4 years after the breach (Code of Civil Procedure section 337). Washington's deposit law sets a shorter window for that kind of damage claim: 3 years after the tenancy ends, for rental agreements that began on or after July 23, 2023. Older Washington agreements fall under the state's 6-year deadline for written contracts (RCW 4.16.040).

Sources

  1. RCW 59.18.260 (written rental agreement and move-in checklist required for a deposit) (Washington State Legislature)
  2. RCW 59.18.280 (deposit statement; items not documented on the checklist; three-year limit on suits for damage beyond the deposit) (Washington State Legislature)
  3. Massachusetts General Laws chapter 186, section 15B (security deposits; statement of condition) (The 194th General Court of the Commonwealth of Massachusetts)
  4. Legal Tactics: Tenants' Rights in Massachusetts, Chapter 3, Security Deposits and Last Month's Rent (updated August 2025) (MassLegalHelp (Massachusetts Law Reform Institute))
  5. New York General Obligations Law section 7-108 (deposits; move-in and move-out inspections) (New York State Senate)
  6. Code of Virginia section 55.1-1214 (inspection of dwelling unit; move-in report) (Virginia General Assembly, Legislative Information System)
  7. Cal. Civil Code section 1950.5 (security deposits; landlord photographs) (California Legislative Information)
  8. Cal. Code of Civil Procedure section 337 (four-year limit for actions on a written contract) (California Legislative Information)
  9. RCW 4.16.040 (six-year limit for actions on a written contract) (Washington State Legislature)

Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.

Rules in your state

State law sets many of the limits and deadlines described above. These pages cite the statute for each state.

StateGuides
CaliforniaYour Security Deposit Rights in California
New YorkYour Security Deposit Rights in New York
TexasYour Security Deposit Rights in Texas
FloridaYour Security Deposit Rights in Florida, Understanding Your Lease Rights in Florida
New JerseyYour Security Deposit Rights in New Jersey
IllinoisYour Security Deposit Rights in Illinois
MassachusettsYour Security Deposit Rights in Massachusetts, Rent Payment Protections for Massachusetts Tenants, Understanding Your Lease Rights in Massachusetts
PennsylvaniaYour Security Deposit Rights in Pennsylvania
WashingtonYour Security Deposit Rights in Washington, Understanding Your Lease Rights in Washington
MarylandYour Security Deposit Rights in Maryland, Understanding Your Lease Rights in Maryland

More in Security Deposits

Savings tools and property management powered by real estate.

There are no fees for opening or using Tellus. Available on iOS and Android.

Get the app