Sample Move-Out Checklist



OMAHA TENANTS UNITEDTenant RightsBefore Moving InThe Detailed ChecklistBEFORE Moving in (at end)After Moving In: Rights & Responsibilities of TenantsOn Moving OutEvictions, legal and illegalBefore Moving In (See also attached Detailed Checklist below)1. When you are renting an apartment, both you and your landlord have created a relationship in good faith. You must get the name, address and phone number of your landlord. If the person you are dealing with is a manager, make sure you know her/his name, address and phone number and find out who owns the property. Get their name and phone number as well.You have a right to see the actual apartment you are going to rent and to have what is called “a walk through”.Background: Very often landlords or their managers will show a nicer apartment than the one they want to foist off on you. Often this “unseen” apartment will have – either hidden or in plain sight – serious code violations. Therefore, they will show you the nice one with “yours will be just like this one” or suddenly remember the nice one is taken but that another is just as good. Then you are asked to sign a lease on that unseen apartment on the spot, only to be surprised when you show up with your stuff. Therefore, always demand to see the actual apartment.This tactic is used across the spectrum of renters and it is always the same, for the same purpose: getting inferior apartments rented.Background: The Walk ThroughDo a walk-through BEFORE YOU SIGN A LEASE. Most reputable managers will allow this. Sometimes, however, the apartment for rent is still occupied. If this is the case, ask the manager if you can wait until the walk-through to sign the lease or rental agreement. A good manager will agree to this. You may have to leave a deposit to hold the apartment, but make sure it is refundable - again, get it in writing. If this is not possible, or if the manager doesn't agree, you have 72 hours after move-in to do a walk-through with the manager/landlord , not with a friend of the landlord or odd “assistant” manager. On your walk through and/or before signing a lease, check the utilities: water in kitchen sink and bathrooms; electric light switches; furnace / gas arrangements; evidence of mold or mold painted over recently; signs in the kitchen or closets of insects and vermin; general cleanliness. Sometimes renters are asked to pay for heat. Get precise information on that – expected cost, is it shared with other apartments. Ask if you are allowed to make holes in walls for mounting pictures, mirrors, etc. If not, ask manager for preferred methods.Be clear on: What the rent is; when it is due; how to pay. Also:Background – The DepositYou will probably be required to pay a security or damage deposit with the first month's rent. THE DEPOSIT IS NOT RENT. If you have a written lease (ask for it but it’s not the law), it will generally state what your deposit will cover. If you don't understand the terms, ask the manager to explain them clearly.Ask the manager outright - "How much is usually deducted from the deposit upon move-out?" Surprisingly, they will usually tell you - if they do, have them write the amount on the lease and initial it. Some leases say the deposit is only for damages done to the unit or if the unit is "not left in a clean condition." That is pretty subjective. Your idea of clean and your manager's will most likely be different. Ask what it means - also, ask if you have it professionally cleaned and give a copy of the receipt, will you get all of your deposit back? Some leases may say the deposit can be used for payments of rent or late payments of your utility bills. Make sure you know which applies to which situation, and ask if a receipt will be attached for proof. If you do not have a written lease (again, ask for one if at all possible) and there is no detailed agreement regarding the damage deposit, it is likely that the deposit will be used for cleaning and repairs that exceed normal wear and tear. This can be based on length (months, years) of occupancy - make sure you know the time limits that these charges apply. Always ask for a receipt for the repairs or cleaning done.Tenants are not officially required to do any tasks that normally fall to landlords.BackgroundIf you are asked to do any tasks normally done by the landlord (for example shoveling, mowing, carting trash – such tasks should have been spelled out in the apartment advertisement), do not agree to do them unless there is a commensurate reduction in rent. Or unless you just don’t mind.NE landlord/tenant law allows the landlord and tenant to change responsibilities within the lease. This must be done before signing the lease. However, any changes within a lease and shifted responsibilities must still meet other sections of Nebraska landlord/tenant law.The NE landlord/tenant law states that a landlord cannot charge more than one month of rent for a security deposit unless there is a pet. ?Be assertive (not aggressive) in asking questions. NOTE: Take pictures of the apartment before you sign the lease, especially of areas about which you have expressed concerns.After Moving InAs soon as you move in: Take pictures of the apartment, dated the day you move in, but no later than the first week. Especially take pictures of areas of concern. If these concerns are serious, report them to the landlord.Rights & Responsibilities of TenantsFrom the Nebraska Statute:A tenant must usually perform the following responsibilities under Nebraska landlord/tenant laws:?? comply within all obligations set by local ordinances and NE landlord/tenant law addressing building, housing, health, and safety codes? keep their part of the premises clean and safe as much as the property permits; this Nebraska landlord/tenant law does not apply to normal wear and tear? dispose regularly of all ashes, rubbish, garbage, and other waste in clean and safe manner? keep all plumbing fixtures clean and in the condition local NE landlord/tenant law permits? use all utilities correctly? keep from deliberately damaging or destroying property? conduct themselves to allow neighbors’ peaceful enjoyment as allowed by Nebraska landlord/tenant law? comply with all Nebraska landlord/tenant laws in a certain type of housing agreement or associationIn AdditionYou must pay your rent in full on dates/days stated in the lease. If your paychecks arrive at awkward times, you can stipulate your payment process in the lease. Do not wait to make these arrangements.However, landlords must perform basic tasks: provide reliable heat, water, and safe electricity; clear walkways of snow, leaves, and other obstructions; fix leaks in ceiling, floors, toilets, and utilities completely and to your satisfaction; deal thoroughly with sight or evidence of vermin and/or insects; etc. BackgroundYou must notify a landlord when you have a complaint or complaints. Landlords have a legal timeframe in which to address complaints. Fourteen days is standard. This is when it is most important to have landlord/office names, working phone numbers, addresses, maintenance names and numbers. See “Checklist” for process on filing complaints.Very Important: If complaints are not addressed to your satisfaction, you are by best-practice law entitled after fourteen days to notify the landlord in writing you will be withholding rent, the reasons why, and then withhold rent until the concerns are dealt with. If you use this tactic, Tenants United strongly urges renters to set up an “escrow” (specific savings) account with a credit union or bank. Put the withheld money there so in case a judge says you have to pay some or all, you have it and won’t be put in financial stress.Enjoy your stay.On Moving OutTo protect your deposit, give your landlord two weeks notice. Then call 3-5 days before your move-out to schedule your inspection.Prior to inspection:* Ask if the landlord has their check-out list. If so, follow it carefully.* Be sure you are all paid up on rent and arranged utilities.* Clean the apartment very well: broom swept clean, mopped, and vacuumed.* Clean kitchen and bathrooms especially well.* All walls must be clean and painted the same color as before tenancy began (unless Tenant has been given prior written permission from Landlord).* Vacuum and clean any carpets.* Clean all windows.* Leave nothing in the apartment unless it was there originally. Remove all personal belongings. If you want to leave items, ask permission of the landlord, which usually will be hard to come by.* Haul away all garbage and related waste. Leave nothing by the curb unless okayed by landlord and city pickup is only a day or two away.* If applicable, all exterior areas should be cleaned of debris and left clean.* If applicable, exterior lawn and landscaping should be presentable.* Leave all kitchen appliances, window treatments, phone jacks (pre- 2000), etc.* All electric appliances and plumbing should work properly unless previously reported to landlord.* All smoke alarm(s) and carbon monoxide alarm(s) (if any) should be working properly. The Inspection* If possible, be sure the inspector is a fully-authorized representative of the landlord. Get their name and number. * Whatever the evaluation, especially “all’s well”, get it in writing right then and ask for a written copy within a day.Leave ALL utilities?on until your move-out inspection has completedQuestion: When after inspection tenant has to be move out. Right away, next day?* Make landlord aware of any damage or issues inside the rental unit* All keys shall be returned at the inspection. Is this after the move out?* Before the inspection, take pictures of the apartment, especially of areas about which you have expressed concerns.Sample Move-Out Checklist Please call 3-5 days prior to your move-out to schedule your inspectionApartment must be broom swept clean, mopped, and vacuumedAll kitchen(s) and bathroom(s) must be completely clean_____ All walls must be clean and painted the same color as before tenancy began (Unless Tenant has been given prior written permission from Landlord)_____ Vacuum and clean any/all carpet(s)_____ Clean all windows_____ Remove all of your personal possessions and belongings._____ No trash shall be left behind; Do NOT leave garbage at the curb_____ If applicable, all exterior areas shall be cleaned of debris and left clean_____ If applicable, exterior lawn and landscaping shall be presentable_____ Leave all kitchen appliances, window treatments, phone jacks, etc._____ All keys shall be returned at the inspection_____ All light fixtures are to work properly with working light bulbs_____ All electric is to work properly_____ All plumbing is to be free of any leaks or blockages_____ All heating is to be working properly_____ All smoke alarm(s) and carbon monoxide alarm(s) shall be working properly_____ Leave ALL utilities?on until your move-out inspection has completed_____ Make landlord aware of any damage or issues inside the rental unitEvictions, legal and illegal§76-1439 Prohibited Evictions and Retaliation under NE Landlord/Tenant LawAccording to this section of Nebraska landlord/tenant law, a landlord cannot evict a tenant because they have brought legal action against the landlord, the tenant has become part of a tenants’ union, or a tenant has complained to a government against about building and housing codes. ?Under Nebraska landlord/tenant laws, a landlord can only evict a tenant if they default in rent, violate housing or building codes, or directly cause damage to the premises. ?BackgroundOmaha Tenants United has found that many landlords use “complaints” as an indicator that a tenant will be a problem, and begin to find reasons to begin eviction proceedings. Retaliation –from Nebraska Code76-1439. Retaliatory conduct prohibited.(1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after:(a) The tenant has complained to a government agency charged with responsibility for enforcement of a minimum building or housing code of a violation applicable to the premises materially affecting health and safety; or(b) The tenant has organized or become a member of a tenants' union or similar organization.(2) If the landlord acts in violation of subsection (1), the tenant is entitled to the remedies provided in section 76-1430 and has a defense in action against him for possession. Nothing in this section shall be construed as prohibiting reasonable rent increases or changes in services notwithstanding the occurrence of acts specified in subsection (1).(3) Notwithstanding subsections (1) and (2), a landlord may bring an action for possession if:(a) The violation of the applicable minimum building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent;(b) The tenant is in default in rent; or(c) Compliance with the applicable minimum building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit.The maintenance of the action does not release the landlord from liability under subsection (2) of section 76-1425.76-14,106. Retaliatory conduct prohibited; remedies; landlord action for possession; when.(1) Except as provided in this section, a landlord may not retaliate by increasing rent, decreasing services, bringing or threatening to bring an action for possession, or failing to renew a rental agreement after any of the following:(a) A tenant has complained in good faith to a government agency charged with responsibility for enforcement of any code of a violation applicable to the mobile home park materially affecting health and safety;(b) A tenant has complained to the landlord of a violation of section 76-1492;(c) A tenant has organized or become a member of a tenants' union or similar organization; or(d) A tenant has exercised any of the rights or remedies provided by the Mobile Home Landlord and Tenant Act or otherwise available at law.(2) If a landlord acts in violation of subsection (1) of this section, the tenant shall be entitled to the remedies provided in section 76-1498 and shall have a defense in an action for possession.(3) Notwithstanding subsections (1) and (2) of this section, a landlord may bring an action for possession if:(a) The violation of any applicable housing code was caused primarily by lack of reasonable care by the tenant or other person in the tenant's household or upon the premises with the tenant's consent; or(b) The tenant is in default in rent five days after rent is due unless otherwise agreed to by the landlord and tenant.The maintenance of the action shall not release the landlord from liability under subsection (2) of section 76-1498.Retaliation [from Arizona]There may be times when a landlord is unhappy with the actions a tenant has taken, even if these actions are within a tenant’s legal right. In these cases, a landlord may try to retaliate against the tenant in an effort to get the tenant to move. [Here are a tenant’s rights in Arizona after landlord retaliation.]Reasons a Landlord May Try to Retaliate A tenant has a right to exercise certain legal rights. Even though the tenant may legally be allowed to do so, it does not mean the landlord is happy about the action. Here are four examples of tenant’s actions that may cause a landlord to retaliate:The tenant complains to a government agency about possible health and safety violations at the property.The tenant complains to the landlord about possible health and safety violations at the property.The tenant joins or organizes a tenants’ union.The tenant complains to a government agency regarding the wage-price stabilization act.Recency of Tenant Action In order for the tenant to claim an act of retaliation, the tenant’s action must have taken place no more than six months’ prior to the landlord’s supposed retaliatory act. The tenant must also provide evidence that they took such an action. This evidence must include the date on which the action took place.Presumption of Retaliation If the tenant has evidence of an action they have taken within six months, certain acts by the landlord will be presumed to be acts of retaliation. The exception to this rule would be if the tenant took the action after being served notice of lease termination by the landlord. In this case, the landlord’s action would not be considered an act of retaliation. Rather, the tenant’s action could be considered an act of retaliation due to being served the notice of termination.Types of Landlord Retaliation There are many ways a landlord can retaliate against a tenant after a tenant has performed an action a landlord does not approve of. Common types of landlord retaliation include:Increasing a Tenant’s RentDecreasing or Cutting off Necessary Services to the TenantDecreasing or Cutting off Necessary Utilities to the TenantFailing to Make Needed RepairsFailing to Perform Necessary MaintenancePhysically Moving a Tenant’s Possessions out of the PropertyFiling for an Eviction- Commonly Known as a Retaliatory EvictionLandlord's Right to Evict A landlord still has a legal right to evict a tenant if the tenant has done any of the following. In these cases, the landlord’s action would not be considered an act of retaliation.1. “Lack of reasonable care” by the tenant, a member of the tenant’s household or a guest of the tenant caused the housing or building violation.2. The tenant owes rent. The landlord, however, may still be liable for paying damages to the tenant.Tenant’s Right After Landlord Retaliation If a landlord has performed a retaliatory action against a tenant, a tenant has legal rights. The tenant can do one of two things:Recover Possession of the Rental UnitDamagesThe tenant may be entitled to two times the actual damages or two times the monthly rent, whichever is greater. If the tenant elects to have the lease terminated, the tenant is still entitled to the return of their security deposit. The landlord is still allowed to make lawful deductions from the security deposit, including for damage in excess of normal wear and tear the tenant has caused to the unit and for unpaid rent.Arizona's Statutes on Landlord Retaliation For the complete text of the law governing landlord retaliation in Arizona, please consult Arizona Revised Statutes?33-1367 and 33-1381.The Detailed ChecklistBEFORE Moving inThe Checklist - Or, How to Cover Your Fanny in Case of Damage Think about the items below when you view the property. In addition, your manager should have a checklist with some of these items listed. If something you notice is not listed - LIST IT! Once you have filled it out, have the manager sign and date it. KEEP A COPY for your records - We cannot emphasize the importance of this enough. If repairs are required, get a date of repair as well - IN WRITING! Because once you move in, you can be at the landlord's mercy. Some things to check and make notations on are as follows and are usually found on the checklist the manager provides. If the manager does not provide a checklist, print this one and use it.Outside the ApartmentAre there lights in the common areas? Are they lit at all times? Does the roof leak? (Look for staining or mold.) Are the outside areas maintained nicely? Are there hand railings where there are three steps or more? Are the porches safe? Are there any holes, breaks, and loose or rotting boards in the exterior walls or foundation? Where are the garbage cans located? Are they full? Windows and DoorsDoes every room have at least one window or skylight, which can be opened, except bathroom, laundry, furnace, pantry, kitchenette, or utility room? Do the locks on all exterior doors work properly? Does wind or rain enter the place through the doors or windows? Are there any broken windows? Do all the windows operate properly? Are there screens on all the windows? Bathroom and KitchenDoes your kitchen have cabinets and shelves? What is their condition? Do the drains, toilets, sinks and other plumbing fixtures work well? Turn on the water to check pressure and whether or not it gets hot; and flush the toilets. Turn on the bathroom fan it on to check if it is working. Is the floor easy to clean and in good condition? Is the stove safe and in good repair? Do you smell gas? How does the manager let you know when the water may be off? BedroomsAre the windows and closets in good shape? Is there a telephone or cable jack in the room? FlooringWhat condition is the carpet or linoleum in? Is it dirty? Is it curling up? Are there fleas? (A good test for fleas is to wear white socks and take off your shoes, scuff your feet along the carpet - then look for the little critters on your socks.) Electric and WaterIf you have a water heater in your unit is it vented to the outside? (It should not be in your bathroom or bedroom.) Are there any electrical outlets, switches or fixtures that do not operate properly? Do any pipes leak? Open the cabinets under the kitchen and bathroom sinks - these are notorious leaks that renters don't discover at walk-through. General? Does your heating system work? ? Are there insects or rodents in the dwelling? Obvious at it sounds, look for droppings inside drawers and cabinets. ? Does the basement flood? ? Do the walls or ceiling leak? Warranty of HabitabilityBy law, apartment tenants are entitled to livable, safe and sanitary conditions. Any condition caused by the tenant would not be a breach of the warranty and must be fixed by the tenant. Landlords cannot enforce lease provisions or other agreements that breach the tenant's warranty of habitability. Unsanitary conditions should be reported to the County Health Department's Sanitation Office. Questions of building or fire hazards should be reported to your municipal Building Inspector or Fire Department. After making your notes on your checklist, have the landlord or manager sign and date it, and mail him or her a copy. In the case that repairs are not made, you have proof the manager knew about the problem. In addition, this copy ensures the court or Health Department inspector that you have attempted to rectify the problem. Make sure you include the following information on every letter:Your name Your apartment number Your phone numbers - work, home and cell. The date you sent the letter - (this documents your attempts to correct the problems, and looked upon favorably by the courts should you have to pursue legal avenues.) A description of the problems or repairs to be made. A date for action - be reasonable here - unless it is a matter of health and safety, give your landlord at least five days to repair the problem. If the heat does not work, or the toilets don't flush, request immediate repairs or you will report the problem to the Health Department. Sometimes being nice won't get the repairs made - in that case you can contact the proper agency. [Where and who in Omaha?] Make sure that you have been firm with your landlord and asked for the repairs more than once before contacting an attorney or agency. Make sure the landlord knows you will be contacting the proper agency. This usually "reminds" them to make the repairs. Notes: Some of the material in these documents are quoted from: The actual Nebraska Landlord/Tenant Act can be found at: ................
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