How to Document Existing Damage at Move-In in Oregon

Moving into a new rental home in Oregon can be exciting, but it's crucial to protect yourself by clearly documenting any existing damage. Oregon law provides guidance on how renters should handle property inspections and record the condition of their new home at move-in. Careful documentation can be key if you need to recover your security deposit or address disputes about property damage when you move out.

Why Documenting Pre-Existing Damage Matters

Oregon renters have the right to receive their full security deposit back, minus reasonable deductions for damages beyond normal wear and tear. If there is existing wear, stains, or damage when you move in, noting this can prevent you from being held responsible later.

• Protects your deposit: Accurate, detailed records help prove you didn’t cause pre-existing issues.
• Supports maintenance requests: Spotting needed repairs early can lead to faster fixes.
• Ensures clear communication: Helps avoid misunderstandings between you and your landlord.

Oregon Law on Move-In Condition and Inspections

The main legislation covering rental inspections and move-in documentation for Oregon tenants is the Oregon Residential Landlord and Tenant Act (ORS Chapter 90)^[1]. This act states that tenants have a right to inspect the property and document its condition at the start of the tenancy.

Required Disclosure and Inspection Forms

• Move-In Condition Report: Oregon landlords are not legally required to furnish a specific inspection form, but most use a checklist or report. Renters should request one if it’s not provided, or download a Rental Condition Checklist from Oregon Housing and Community Services.
• Security Deposit Acknowledgement: Be sure to receive written confirmation of the amount received and any deductions at move-in, usually included in your lease packet.

These forms help renters and landlords agree on the condition of the unit before you move your belongings in.

How to Document Existing Damage at Move-In: Step by Step

Follow these steps for the best protection under Oregon law:

• Request a walkthrough with the landlord. If possible, inspect the unit together and note all damage on a condition form or checklist.
• Take clear, dated photos and videos. Focus on walls, floors, appliances, bathrooms, doors, and windows. Capture any stains, chips, dents, or marks.
• Record each issue on the condition checklist. Describe each problem in detail, and indicate which rooms are affected.
• Sign and date the checklist. Ask your landlord to sign and provide a copy for both parties. If they refuse, keep records anyway—digital time stamps are helpful.
• Keep your copies safe. Store the checklist and photos somewhere you can easily access later.

If your landlord won’t provide or sign a checklist, you can still submit your own Rental Condition Checklist to their address and keep proof of delivery. If a dispute arises, these records can be crucial evidence for the Oregon Judicial Department Small Claims Court, which oversees residential tenancy disputes in Oregon.

Official Forms for Move-In Inspections

• Rental Condition Checklist (Oregon Housing and Community Services) – There’s no official state-mandated form, but this widely accepted checklist can be used by renters to document the condition of the property room-by-room.
  • When and how to use: Complete this checklist before moving in. If your landlord attends, you both sign and keep copies. If not, fill it out yourself and send a copy to the landlord, keeping proof.
  • Download Rental Condition Checklist (Oregon.gov)

Key Takeaways for Renters

• Inspect and document carefully. Don’t skip this step—your deposit may depend on it!
• Use photos, checklists, and written notes. More evidence keeps you safer in case of disputes.
• Know your rights under the Oregon Residential Landlord and Tenant Act.

FAQ: Documenting Move-In Damage in Oregon

1. What if my landlord doesn’t provide a move-in checklist?
   Use the Rental Condition Checklist yourself and share a copy with your landlord. Keep dated proof that you completed and delivered it.
2. Is my landlord required to fix all pre-existing damages?
   No, but they must maintain the unit in a habitable, safe condition. You can request repairs for health or safety issues under Oregon law.
3. Can I use my phone for move-in photos?
   Yes—digital photos and videos are accepted forms of evidence, especially if they are time-stamped.
4. Who keeps the original move-in checklist?
   Both you and your landlord should have signed copies. Keep yours in a safe place until after you move out and your deposit is returned.
5. What if I find damage after moving in?
   Notify your landlord in writing as soon as you discover it, and update your checklist. Keep all communication records.

Need Help? Resources for Renters

• Oregon Housing and Community Services – Renter Resources
• Oregon Judicial Department (Residential Tenancy Disputes)
• Oregon State Bar – Lawyer Referral Service
• Download: Rental Condition Checklist (PDF – Oregon.gov)

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1. Oregon Residential Landlord and Tenant Act (ORS Chapter 90)
2. Rental Condition Checklist (OHCS/Oregon.gov)
3. Oregon Judicial Department Small Claims Court

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