How to Document Rental Property Damage at Move-In in Delaware

Moving into a new rental home in Delaware is exciting, but protecting your interests starts right away. One of the most important steps is documenting any pre-existing damage in the property when you move in. Doing this thoroughly helps prevent disputes over your security deposit when you eventually move out.

Why Documenting Move-In Damage Matters in Delaware

Delaware's landlord-tenant laws protect renters by requiring landlords to provide written disclosure of the rental property's condition at move-in. This helps ensure renters are not unfairly charged for previous damage.^[1] Carefully documenting everything benefits you if there's later disagreement over repairs or the return of your security deposit.

Understanding the Required Move-In Inspection and Disclosures

Delaware law requires the landlord or their agent to provide a written “move-in inspection report” that describes the condition of the unit. This must be done at or before you move in.

• The landlord must offer you the chance to inspect the property together and agree on its condition.
• You have a right to list any damage or problems you notice, so be thorough.
• This inspection report is crucial if you later need to show which damage was pre-existing.

Official Forms and How to Use Them

There is no single statewide move-in inspection form for Delaware, but landlords are required by law to provide a written Statement of Condition (also called a "move-in inspection report").

• Form Name: Move-In Inspection Report or Statement of Condition
• When to Use: Use this at the time you receive your keys, or before you move your belongings inside.
• How to Use: Walk through the property with your landlord, note pre-existing defects (like stained carpets, dents, broken fixtures), and ask both parties to sign. Keep a copy for your records.
• Read more about move-in inspection law in Delaware

How to Document Existing Damage Effectively

Good documentation protects your rights as a Delaware renter. Follow these tips:

• Photograph everything: Take clear photos (and video, if possible) of every room, surface, and item – especially any existing damage.
• Be detailed: Write down even minor issues (scratches, chips, appliance wear, loose handles, carpet stains, etc.).
• Date-stamp your documentation: Save photos and inspection reports with the move-in date.
• Get signatures: Have the landlord and yourself sign/initial each page of the move-in inspection report.
• Keep copies: Store the signed inspection report and photos where you can easily access them later.

What Delaware Law Says About Security Deposits and Damages

Your move-in damage documentation directly affects your security deposit rights. Under the Delaware Residential Landlord-Tenant Code, landlords can only deduct for damages that are beyond normal wear and tear, and not for pre-existing issues.

• If there’s a disagreement, your inspection report and photos provide evidence.
• You are not responsible for repairing or paying for damage that was already present at move-in.

Where to Get Help with Security Deposit Disputes

If you and your landlord cannot agree about damages or deductions from your deposit, you may contact the Delaware Justice of the Peace Court, which handles residential landlord-tenant disputes.

FAQ: Delaware Renters and Move-In Damage Documentation

1. Is my landlord required to give me a move-in inspection report in Delaware?
   Yes. Delaware law requires landlords to provide a written report describing the property’s condition at move-in. You have a right to inspect the property and agree on this report.
2. What if my landlord refuses to do a walk-through inspection?
   If your landlord doesn’t provide an inspection or participate, create your own detailed written report, take date-stamped photos, and send a copy to your landlord to establish evidence.
3. Can I be charged for damage that wasn’t documented when I moved in?
   No. You can only be held responsible for damage that occurs during your tenancy. Providing proof of pre-existing damage at move-in protects you from unfair charges.
4. How long should I keep my move-in documentation?
   Keep all records, photos, and the inspection report until you have received your full security deposit back after moving out.
5. What should I do if I have a dispute about move-in damage or my deposit?
   Contact the Delaware Justice of the Peace Court for information on how to file a claim or complaint.

Key Takeaways for Delaware Renters

• Always document pre-existing rental damage with a signed inspection report and clear photos at move-in.
• Keep all documentation to protect your security deposit and avoid disputes.
• Delaware law supports your right to a fair inspection; use resources if you face issues.

Need Help? Resources for Renters

• Delaware Residential Landlord-Tenant Code (Title 25, Chapter 53)
• Delaware Justice of the Peace Court – Landlord Tenant Information and Forms (official tribunal for landlord-tenant matters)
• Delaware Attorney General Consumer Protection – Landlord Tenant Code
• If you need further help, Delaware Housing Assistance Resources are available.

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1. Delaware Residential Landlord-Tenant Code, Section 5309 – Landlord Obligations at Commencement of Lease
2. Delaware Justice of the Peace Court, Landlord Tenant Disputes Information
3. Delaware Residential Landlord-Tenant Code, Title 25, Chapter 53

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