Last updated 2026-07-25
TL;DR
A solid move-in checklist covers a written walk-through inspection with photos, a signed condition report, copies of the lease and any disclosures, proof of renters insurance if required, and contact info for repairs. Do this before you unpack, not after, because most states only let you dispute deposit deductions if you documented the unit's condition on day one.
What should a tenant do before signing a lease and moving in?
Before you sign anything, walk the unit with the landlord or property manager and write down every flaw you see, no matter how small. Cracked tile, a sticking window, a water stain on the ceiling, a missing smoke detector cover. Take dated photos and video on your phone, and email a copy to the landlord the same day so there's a timestamp trail outside your camera roll. Get a copy of the signed lease before you hand over keys money. Ask for any required disclosures too. Federal law requires landlords of housing built before 1978 to give tenants an EPA-approved lead paint pamphlet and a disclosure form before the lease is signed, under the Residential Lead-Based Paint Hazard Reduction Act [1]. If you don't get that paperwork and the building is old enough to qualify, ask for it in writing. Confirm what you're paying and when. First month's rent, security deposit, any pet deposit or fee, and whether the deposit is refundable. Many states cap security deposits at one to two months' rent, but the cap varies a lot by state and sometimes by whether the unit is furnished, so check your state's specific statute rather than assuming a national rule applies. If you're renting in a city that requires the landlord to hold a rental license or registration, ask to see proof of it. Some cities publish a searchable registry online. This matters because in a growing number of jurisdictions, an unlicensed rental can affect a landlord's ability to collect rent or evict, which indirectly protects you but can also complicate things if you didn't know the unit wasn't registered.
How to become a landlord (and why it matters to you as a tenant)
Understanding the other side of the table helps you know what to ask for. Becoming a landlord generally means buying or already owning residential property, then meeting your city's or county's rules before renting it out: business license or rental registration, sometimes a habitability inspection, sometimes lead-safe certification if the building predates 1978, and compliance with fair housing law under the Fair Housing Act, which bars discrimination based on race, color, national origin, religion, sex, familial status, or disability [2]. Most mandatory-licensing cities also require the landlord to register each unit, pay an annual or per-unit fee, and pass a habitability inspection on some cycle (annual, biennial, or upon tenant turnover, depending on the city). If your landlord seems unfamiliar with these steps, or the rental license number isn't posted or provided, that's worth asking about directly. A landlord who is actively working through licensing (for instance, using a checklist tool to prepare for a city inspection) is at least paying attention to the requirements that also protect you as the tenant. If you're a small landlord yourself trying to get organized for a city license and inspection, our landlord guide walks through the basics city programs generally expect.
What is landlording, and what is a landlord legally responsible for?
Landlording is the ongoing work of owning and managing a rental unit: collecting rent, maintaining the property, handling repairs, following local and state landlord-tenant law, and managing the tenant relationship from move-in to move-out. A landlord is the legal owner (or the owner's authorized agent) who leases residential or commercial space to a tenant in exchange for rent. Legally, landlords carry an implied warranty of habitability in nearly every U.S. state. This means the unit has to meet basic health and safety standards: working plumbing, heat, hot water, structurally sound floors and stairs, and freedom from serious pest infestation, regardless of what the lease says. Courts in most states will not enforce a lease clause that tries to waive this warranty. The exact scope of habitability duties differs by state statute and case law, so treat this as a general floor, not a specific guarantee for your address. Day to day, landlord duties typically include making requested repairs within a reasonable time, providing advance notice before entering the unit, returning the security deposit (with an itemized list of deductions) within the state's required window, and complying with any local rental license or inspection program. If you want the tenant-side version of these rights spelled out further, see our tenant rights and tenants rights guides.
Who is responsible for the rental property walk-through inspection in California?
In California, the landlord is responsible for offering an initial move-out inspection if the tenant is vacating, but the move-in condition documentation is a shared responsibility in practice, even though state law puts the paperwork duty mostly on the landlord. California Civil Code Section 1950.5 requires landlords to provide an itemized statement of deductions from the security deposit within 21 days after the tenant moves out, and it entitles the tenant to request an initial inspection before move-out so they have a chance to fix issues and avoid deductions [3]. The statute doesn't mandate a formal move-in inspection form the way some cities' rental inspection ordinances do, but it strongly incentivizes one. Without a documented move-in condition report, tenants have a much harder time disputing deposit deductions later, and landlords have a much harder time proving the damage wasn't already there. Practically, that means both sides should complete and sign a written move-in checklist together, take photos, and each keep a copy. Separately, if you're renting in a California city with its own mandatory rental inspection or registration program (several cities, including parts of Los Angeles County under the Rent Escrow Account Program, and various individual cities, run their own systematic code enforcement inspections), that inspection is about code compliance, not deposit disputes, and it's the landlord's job to schedule and pass it. Confirm with your city rental licensing office whether such a program applies to your address.
What can a landlord look at during an inspection?
During a routine or move-in/move-out inspection, a landlord (or a city inspector, if it's a licensing inspection) can generally check things tied to habitability, safety, and lease compliance: working smoke and carbon monoxide detectors, HVAC function, plumbing for leaks, electrical outlets and panels, window and door locks, signs of pest infestation, mold or water damage, and overall cleanliness affecting the unit's condition. What a landlord generally cannot do is rummage through your personal belongings, search drawers or closets unrelated to the inspection's purpose, or use the inspection as a pretext to intimidate or harass. Most states require landlords to give reasonable advance notice before entering for a non-emergency inspection, typically 24 to 48 hours, and to enter only during reasonable hours. Emergencies (a burst pipe, a fire, a gas leak) are the recognized exception where a landlord can enter without prior notice. For a city licensing inspection specifically, the inspector usually checks the same basic categories: working exits, functioning smoke and CO detectors, no exposed wiring, no active leaks, adequate heat, and no obvious structural hazards. These inspections are about code minimums, not decor or cleanliness beyond what affects safety and pest control. If you're the landlord prepping for one of these, our $79 City Rental License & Inspection Prep Packet walks through the common checklist items city inspectors look for, unit by unit.
How much notice does a landlord have to give before entering?
Notice requirements vary by state, and there's no single federal standard, so the honest answer is: check your specific state's landlord-tenant statute. As one concrete example, California requires landlords to give tenants "reasonable notice in writing," and the same Civil Code section presumes 24 hours is reasonable absent circumstances suggesting otherwise, under California Civil Code Section 1954 [4]. Many other states use a similar 24-to-48-hour standard, but the exact number, and whether it must be written versus verbal, differs by state. Common exceptions to advance notice across most states include genuine emergencies (fire, flooding, gas leak), tenant consent given at the time, or a tenant who has abandoned the unit. Some states also allow shorter or no notice for showing the unit to prospective tenants or buyers near the end of a tenancy, again depending on state law. If your landlord is entering repeatedly without proper notice, document each instance with dates and times. That record matters if you need to raise the issue with local housing authorities or in court later.
Why do landlords require renters insurance?
Landlords require renters insurance mainly to shift liability and property-loss risk away from themselves and onto an insurance policy the tenant pays for. A typical renters policy covers the tenant's personal belongings against fire, theft, and certain water damage, and it includes liability coverage if a guest is injured in the unit or if the tenant accidentally causes damage (a kitchen fire, an overflowing tub) that affects other units. The landlord's own property insurance covers the building structure, not the tenant's furniture, electronics, or clothing, and it usually doesn't cover a tenant's legal liability for an accident they caused. Requiring renters insurance, often with a modest minimum liability limit like $100,000 written into the lease, protects the landlord from being the only party financially exposed when something goes wrong that isn't the building's fault. Renters insurance is genuinely cheap relative to the coverage: national average premiums are commonly cited in the range of roughly $15 to $30 per month depending on location and coverage limits, though your actual quote depends on your state, deductible, and coverage amount. It's one of the few move-in costs worth paying without much negotiation.
What rights do tenants have without a lease?
Tenants without a signed written lease still have real rights, they're just governed by state statute and the terms implied by how you're paying (monthly, weekly) rather than by a document. This arrangement is usually called a periodic tenancy or month-to-month tenancy at will, and most states treat it as legally valid once a landlord accepts rent from an occupant. Even without a lease, tenants generally keep the right to habitability (the unit must be safe and livable), the right to advance notice before the landlord enters, and the right to advance notice before the tenancy is terminated, usually the same length as the rent period (commonly 30 days for month-to-month, though some states require more for longer tenancies). Security deposit rules, where they exist, typically still apply the same way whether or not there's a written lease. What you lose without a written lease is clarity and proof: no documented rent amount, no documented move-in condition, no documented rules about pets, guests, or subletting. If you're renting without a lease right now, ask the landlord to at least put the rent amount, due date, and unit address in a signed email or text thread. It's not a substitute for a real lease, but it creates a paper trail. For more on this, see our guide on tenant rights and renters rights.
What can a landlord not do in Ohio?
Ohio's landlord-tenant law is largely codified in Ohio Revised Code Chapter 5321. Under this chapter, a landlord cannot shut off utilities, remove doors or windows, or otherwise force a tenant out without going through the formal eviction process in court; this is generally called a "self-help eviction" and it's prohibited in Ohio as in most states [5]. Ohio law also requires landlords to maintain the premises in a fit and habitable condition, comply with building and housing codes materially affecting health and safety, keep common areas safe, and maintain electrical, plumbing, sanitary, heating, and ventilating systems in good working order, under Ohio Revised Code Section 5321.04 [5]. A landlord who ignores these duties can be sued by the tenant, and in some cases the tenant may be allowed to deposit rent with the court (rent escrow) rather than pay the landlord directly until repairs are made, again per Chapter 5321. Ohio landlords also cannot retaliate against a tenant for exercising a legal right, such as reporting a code violation or joining a tenant organization, within a statutorily defined period after that protected activity, per Ohio Revised Code Section 5321.02 [6]. And they cannot enter without proper notice: Ohio Revised Code Section 5321.04 requires landlords to give "reasonable notice" (Ohio courts and most practitioners treat 24 hours as the safe standard, though the statute itself doesn't pin an exact number) and to enter only at reasonable times, except in emergencies [5].
The move-in checklist itself: what to walk through room by room
| Entry/exterior | Locks work, door frame intact, no gaps under door, mailbox key works | |
|---|---|---|
| Kitchen | All appliances turn on and reach temperature, no leaks under sink, cabinet doors and drawers close, garbage disposal works | |
| Bathrooms | Water pressure, drain speed, no mold around tub/shower, toilet flushes and doesn't run, exhaust fan works | |
| Bedrooms/living areas | Windows open and lock, screens present, outlets work (test with a phone charger), closet doors and tracks intact | |
| Smoke/CO detectors | Present in required locations, test button works, note battery type and date if visible | |
| HVAC | Heat and AC both turn on, thermostat responds, filter isn't visibly filthy | |
| Utilities | Confirm which utilities are tenant-paid vs. landlord-paid, get the utility company names for setting up your own accounts | |
| Keys and access | Count all keys/fobs given, confirm number matches what's promised in the lease | After the walk-through, both parties should sign and date the condition report, and each keep a copy. If the landlord uses a digital system, ask for a PDF emailed to you the same day, more than an app login that might expire. |
Here's a practical, room-by-room list to use during your walk-through. Bring your phone, a flashlight, and a printed or digital copy of the checklist so both you and the landlord can sign it. | Area | What to check |
What to keep in your move-in file (and why it matters at move-out)
Set up a simple folder, physical or digital, the day you move in. Put in it: the signed lease, the signed move-in condition report, all photos and videos from the walk-through, the security deposit receipt, any pet or amenity addenda, the renters insurance policy declarations page, and any lead paint or other required disclosure. This file matters most when you move out. Nearly every state requires landlords to return the security deposit, minus itemized deductions for damage beyond normal wear and tear, within a specific window after move-out, commonly somewhere between 14 and 30 days depending on the state, though some states allow up to 45 or 60 days. Your move-in documentation is the single best evidence you have if the landlord tries to charge you for damage that existed before you ever moved in. Keep the file even after you move out, ideally for at least a year, in case a dispute drags on or you need it for a future rental reference check.
Frequently asked questions
How to become a landlord?
You need to own (or have authority to lease) residential property, then meet your local requirements: business license or rental registration where required, compliance with fair housing law under the Fair Housing Act, lead paint disclosure for pre-1978 housing, and often a habitability or license inspection depending on your city's program. Requirements vary heavily by city and state.
Who is responsible for the rental property walk-through inspection in California?
California Civil Code Section 1950.5 puts the move-out inspection offer and the itemized deposit deduction statement on the landlord. There's no state-mandated move-in inspection form, but both landlord and tenant should complete and sign one together to protect against later deposit disputes.
What is landlording?
Landlording is the ongoing work of owning and operating rental property: collecting rent, handling repairs, following state and local landlord-tenant law, managing tenant relationships, and, in mandatory-licensing cities, maintaining a valid rental registration or license and passing periodic inspections.
What is a landlord?
A landlord is the legal owner of residential or commercial property, or their authorized agent, who leases that space to a tenant for rent. Landlords carry legal duties including habitability, proper notice before entry, and timely, itemized return of security deposits under state law.
What rights do tenants have without a lease?
Tenants without a written lease still generally have habitability rights, notice-before-entry rights, and notice-before-termination rights (commonly matching the rent period, like 30 days for month-to-month). These come from state statute, not the lease itself, so the specifics depend on your state's landlord-tenant law.
How to be a landlord day to day?
Day to day, it means responding to repair requests within a reasonable time, keeping the unit compliant with local housing and building codes, giving proper notice before entering, maintaining rental license or registration status if your city requires it, and following fair housing law in all tenant interactions.
Why do landlords require renters insurance?
Renters insurance covers the tenant's belongings and personal liability, things the landlord's own building insurance doesn't cover. Requiring it protects the landlord from being financially exposed if a tenant accidentally causes damage or a guest is injured in the unit.
How much notice does a landlord have to give before entering?
It depends on your state. California presumes 24 hours written notice is reasonable under Civil Code Section 1954. Many other states use a similar 24-to-48-hour window, but exact requirements, and whether notice must be written, vary, so check your specific state's statute.
What can a landlord look at during an inspection?
Landlords and city inspectors typically check habitability and safety items: smoke and CO detectors, HVAC function, plumbing leaks, electrical outlets, window and door locks, and signs of pests or mold. They generally cannot search personal belongings unrelated to the inspection's purpose.
What can a landlord not do in Ohio?
Under Ohio Revised Code Chapter 5321, a landlord cannot perform a self-help eviction (shutting off utilities or removing doors to force a tenant out), cannot retaliate against a tenant for exercising legal rights, and cannot enter without reasonable notice except in emergencies.
Should I take photos during my move-in walk-through even if the landlord already has some?
Yes. Take your own timestamped photos and video regardless of what the landlord has on file. Email them to the landlord the same day so there's an independent, dated record you control, separate from anything the landlord might edit or lose track of later.
What should I do if my landlord won't do a move-in walk-through with me?
Do your own thorough walk-through anyway, photograph everything, and send the landlord a written summary (email works) listing existing damage and the date. This creates a record even without their signature, and most small claims courts will accept dated photos and a contemporaneous email as evidence.
Is a security deposit refundable when I move in without a lease?
Security deposit rules generally apply whether or not there's a written lease, since they come from state statute, not the lease document. Ask for a receipt showing the amount paid and the date, since without a lease you'll need that receipt as your main proof of what you paid.
Sources
- EPA, Real Estate Disclosure requirements under 42 U.S.C. 4852d: Federal law requires lead paint disclosure and an EPA pamphlet for pre-1978 housing before lease signing
- HUD, Fair Housing Act overview: The Fair Housing Act bars discrimination based on race, color, national origin, religion, sex, familial status, or disability
- California Legislative Information, Civil Code Section 1950.5: California landlords must provide an itemized deduction statement within 21 days after move-out and must offer an initial move-out inspection
- California Legislative Information, Civil Code Section 1954: California presumes 24 hours written notice is reasonable before a landlord enters a rental unit
- Ohio Legislature, Revised Code Section 5321.04: Ohio landlords must maintain habitable conditions, give reasonable notice before entry, and cannot use self-help eviction
- Ohio Legislature, Revised Code Section 5321.02: Ohio law prohibits landlord retaliation against a tenant for exercising a legal right