How to Document Existing Apartment Damage in Colorado

Moving into a new apartment or rental house in Colorado? Before unpacking, it’s crucial to protect your security deposit by carefully documenting any damage that already exists in your rental unit. Understanding your rights, using official forms, and following a clear process can help avoid disputes with your landlord later.

Why Document Existing Damage at Move-In?

Accurately recording any pre-existing damage ensures you won’t be held responsible when you move out. Under Colorado law, landlords may deduct only valid damages from your security deposit. Well-kept move-in records make it much easier to prove that certain issues were present before you arrived.

Colorado’s Rental Inspection and Disclosure Laws

Colorado law does not require landlords to provide a written move-in inspection report, but many reputable landlords use them. Tenants may request an inspection or create their own documentation. Security deposit rules and damage disputes are covered by the Colorado Revised Statutes Title 38, Article 12 (Landlord and Tenant Act)¹.

How to Document Existing Damage in Your Colorado Rental

Follow these steps for a thorough and effective move-in inspection:

• Ask your landlord for a written move-in checklist or use Colorado’s sample forms (see below).
• Inspect each room, looking for scratches, stains, broken appliances, plumbing issues, holes, or safety concerns.
• Take clear, timestamped photos or video of all damages, from carpet stains to cracked windows.
• List all existing issues in writing, noting locations and details.
• Share your checklist and evidence with the landlord, keeping a copy for your records.
• Both you and your landlord should sign and date the completed checklist.

Official Forms for Colorado Renters

• Move-In/Move-Out Inspection Checklist (No state form number):
  
  • Used to record the condition of the unit at move-in and move-out.
  • Provides protection if your landlord claims damages at the end of your lease.
  • A practical example: When you notice chipped paint or a broken outlet when moving in, you log it on the checklist and photograph it. At move-out, you can show you weren't responsible.
  • Sample checklist available from the Colorado Department of Local Affairs (DOLA) Landlord-Tenant page.

Check your local housing authority, as some counties or property managers may offer their own forms.

Tribunal for Rental Disputes in Colorado

• The Colorado Judicial Branch Small Claims Court hears landlord-tenant disputes, including those over security deposits and property condition issues.

What to Do if Damage Is Disputed

If your landlord claims you caused damage that was already there, provide your completed checklist and dated photographs. If you disagree with deductions from your deposit, you may:

• Request an itemized statement of damages from your landlord
• Send a demand letter with your evidence
• File a claim in Small Claims Court if you cannot resolve the dispute

Frequently Asked Questions

1. What if my landlord doesn't provide a move-in checklist in Colorado?
   Colorado does not require landlords to give a checklist. However, renters can create their own move-in inspection using a standard or sample checklist, documenting everything with photos or videos. This documentation still holds weight if a deposit dispute arises.
2. How long do I have to notify my landlord about move-in damage?
   It's best to report existing damage in writing immediately or within a few days of moving in. Some leases specify a set timeframe (e.g., 3-7 days), so check your agreement.
3. Can a landlord keep my security deposit for pre-existing damage?
   No. Landlords in Colorado can only deduct for damage beyond normal wear and tear you caused. Accurate move-in documentation helps prove what was pre-existing.
4. Is there an official move-in inspection form required in Colorado?
   No official state form is required, but sample forms are recommended and available from the Colorado Department of Local Affairs.
5. Where do I go if my landlord and I disagree about damages or the security deposit?
   Unresolved disputes can be taken to the Colorado Small Claims Court, with your documentation as evidence.

Conclusion: Key Takeaways for Colorado Renters

• Always document pre-existing damage with both a written checklist and photos or video at move-in.
• Use sample forms from the Colorado Department of Local Affairs for clarity and reliability.
• Accurate records can protect your security deposit if a dispute occurs.

By taking proactive steps at the start of your tenancy, you set a strong foundation for a fair and stress-free renting experience.

Need Help? Resources for Renters

• Colorado Department of Local Affairs – Landlord-Tenant Information: Lease, deposit, and rights advice.
• Colorado Judicial Branch – Forms & Instructions: Find court forms for deposit disputes and more.
• Colorado Housing Connects: Free helpline and rental support.
• If you need legal assistance, the Colorado Legal Services site provides guidance and intake info.

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1. Read more in Colorado Revised Statutes, Title 38, Article 12, available here.

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