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August 11, 2008 8:00 AM

Tenant concerned about no final walk-through

Posted by Elizabeth Rhodes

Q: I requested a walk-through of the rental house I just vacated, but the landlord says he doesn't want me present. He says he's going to have his cleaning crew give him a report on the house's condition. Do I have the right to a walk-through?

A: Here's how Tacoma attorney Everett Holum breaks down your situation.

By law, a landlord who requires a deposit must also do a move-in inspection, or walk-through, and give the tenant a copy of the inspection report. Then upon leaving, the tenant can compare that with the move-in report.

"The sole reason for doing the move-out report is to figure out what damages there are over and above normal wear and tear," Holum explains. Tenants cannot be charged for normal wear and tear, but damage is their financial responsibility.

Holum says "the tenant has a right in my opinion to be at both inspections." However the tenant cannot dictate the time of the move-out inspection, and if the tenant and landlord can't agree on the time, that's that.

But the fact that you weren't present doesn't mean you automatically get all your deposit back.

The best way to protect yourself as you move out, Holum says, is to take lots of photos, or a video, and have an independent person go through the rental with you. Then if you're sure there's no damage, but the landlord keeps your deposit anyway, you’'ll have proof and a witness to help you argue your case in Small Claims Court.

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