How to Document Pre-Existing Damage When Moving In (Indiana)

Moving into a new rental in Indiana can be exciting, but it’s crucial to protect yourself from being held responsible for pre-existing damage. By carefully documenting the condition of your unit at move-in, you help ensure your security deposit is safeguarded and your rights are respected under Indiana law.

Why Document Existing Damage?

Taking the time to record any scratches, dents, stains, or broken fixtures protects you from being blamed for damage you didn’t cause. Proper documentation is especially important in Indiana because landlords can deduct from your security deposit for any damage beyond “normal wear and tear.”

Your Rights and Indiana Law

Indiana’s rental laws, found in the Indiana Code Chapter 32-31 – Landlord-Tenant Relations, give renters important rights regarding security deposits and property conditions. While Indiana does not require landlords to use a specific inspection checklist, many landlords provide one as part of the move-in process.^[1]

Recommended Steps to Document Move-In Condition

• Before moving in, request an inspection with your landlord or property manager.
• If offered, use the landlord’s checklist. If not, create your own inspection checklist or use the below sample from the Indiana Attorney General.
• Take clear, date-stamped photos or videos of every room—pay extra attention to walls, flooring, windows, appliances, and bathrooms.
• Write detailed notes for each room. Note even minor issues like marks, chips, or scuffs.
• Share your documentation with the landlord (email is best for proof) and request written confirmation.

Official Forms and Inspection Checklists

• Move-In/Move-Out Checklist (Sample):
  • Form Name: Move-In Move-Out Checklist (Indiana Attorney General)
  • When/How: Use at the start and end of your tenancy. For example, print and fill this out as you inspect each room on your move-in day, then send a copy to your landlord for their records.
  • Download the Indiana Move-In/Move-Out Checklist (PDF)

If your landlord doesn’t give you a checklist, you can still use the sample above as your own documentation.

How Your Documentation Protects You

If a dispute arises at move-out—such as the landlord claiming damage—you can present your checklist, photos, and emails as evidence. Indiana law requires landlords to provide an itemized list of claimed damages within 45 days after move-out.^[2] Strong documentation helps you contest unfair charges.

Where to Go If There's a Dispute

For unresolved disputes, renters in Indiana can file a claim in their local Small Claims Court, which is part of the Indiana Judicial Branch system.^[3]

Steps to Document Existing Damage in Indiana

• Inspect the entire unit immediately upon taking possession, preferably with the landlord present.
• Use the Move-In/Move-Out Checklist or your own thorough list.
• Take detailed date-stamped photos or videos, labeling each area (e.g., "Bedroom window scratch").
• Email copies of all documentation to your landlord and save digital backups for yourself.
• Keep copies for reference in case of any deposit or property disagreement at move-out.

These steps ensure you have proof of the property’s original condition.

Frequently Asked Questions: Indiana Renters and Documenting Damage

1. Do Indiana landlords have to use an official move-in inspection form?
   Indiana law does not require a specific inspection form. However, renters can use the sample Move-In/Move-Out Checklist from the Attorney General for their own records.
2. What should I do if my landlord refuses to sign my checklist?
   You should still complete the checklist, take photos, and email a copy with notes to your landlord for a time-stamped record. This documentation can be used if there are disputes at move-out.
3. How long must I keep documentation after moving out?
   It’s wise to keep all photos, emails, and forms for at least a year after you move out, in case issues with your security deposit arise.
4. If a landlord claims damages I already documented, what can I do?
   Present your checklist, photos, and time-stamped emails as evidence. If needed, you may file a claim in Small Claims Court within the Indiana Judicial Branch system.
5. What is considered "normal wear and tear" in Indiana?
   "Normal wear and tear" includes minor scuffs, fading, or natural deterioration from ordinary use. Damage from accidents, neglect, or misuse is not considered normal wear and tear.

Key Takeaways

• Document all existing damage thoroughly at move-in to protect your security deposit.
• Use checklists, photos, and written emails, even if your landlord doesn’t provide an official form.
• Know your rights under Indiana's landlord-tenant laws and keep your records for future reference.

Following these steps gives you peace of mind and backup if there is ever a dispute about property condition or your deposit when your lease ends.

Need Help? Resources for Renters in Indiana

• Indiana Attorney General – Tenant & Renter Information: Guides, sample forms, and complaint filing.
• Indiana Code Chapter 32-31: Landlord-Tenant Relations: Official state law text.
• Indiana Judicial Branch – Small Claims Court: How to file a rental dispute or deposit claim.
• Indiana Legal Services (Housing): Free legal aid for qualified renters.

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1. Indiana Code Chapter 32-31: Landlord-Tenant Relations
2. Indiana Attorney General - Tenant & Renter Information
3. Indiana Judicial Branch – Official Small Claims Information

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