Inspection Reports - November 1, 2004

  Printable Version     Search VCOP 

STATUTORY REFERENCES

Residential Tenancies Act (RTA) sections:

1(1)(f)     landlord definition
1(1)(j)     prescribed definition
1(1)(l)     residential premises definition
1(1)(m)   residential tenancy agreement definition
1(1)(n)    security deposit definition
1(1)(t)     tenant definition
19           inspection report
46           return of security deposits

Residential Tenancies Ministerial Regulation section:

4             inspection reports

GUIDELINES

The RTA says that it is mandatory for landlords and tenants to complete both a move-in and move-out inspection report. Some other documents, like a written residential tenancy agreement are recommended, but they are not mandatory. Completing written inspection reports is mandatory. The landlord must always give the tenant a copy of the inspection reports as soon as they are completed and must also keep a copy on file.

The landlord must keep inspection reports for at least 3 years after the tenancy ends. The landlord must allow the Director or another authorized person to look at these reports for the purpose of either an inspection or an investigation.

A landlord can make deductions from a tenant's security deposit to pay for damage to the residential premises only if the landlord and tenant completed move-in and move-out inspection reports. (See the Security Deposits section.) These inspection reports must be done within 1 week before or after the tenant moves in, and within 1 week before or after the tenant moves out (court case: #8).

The inspection report must include the following statements and the signatures that are required by the Residential Tenancies Ministerial Regulation.

  1. The date the inspection was conducted, and the names of those present when it was conducted, and their signatures

  2. A statement to be signed by the tenant if they agree with the results of the inspection

  3. A statement to be signed by the tenant if they disagree with the results of the inspection

  4. A statement to be signed by the landlord indicating that the tenant refused to sign the tenant's statement, if a tenant refuses to sign the inspection report

  5. A statement to be signed by the landlord indicating that the inspection was done without the tenant, if a tenant was not present when the inspection was conducted

  6. The inspections should be conducted when the premises are vacant, unless the landlord and tenant both agree to do the inspections while the rental premises are occupied

When the move-in inspection report is conducted at the beginning of the tenancy, both the landlord and tenant are aware of the condition of the residential premises at the beginning of the tenancy (court case: #33). When compared with the move-out inspection conducted at the end of the tenancy, it provides evidence of any change that has happened to the condition of the residential premises during the tenancy.

A landlord can conduct the inspection without the tenant being present if the landlord has offered the tenant two inspection times and the tenant has refused or did not attend. The landlord must offer the tenant inspection times that are between 8 am and 8 pm, on two different days that are not holidays (court case: #7). If a landlord does an inspection report when the tenant is not there, the tenant should carefully review everything in the report and add their own comments, if any, before signing it and giving a copy to the landlord.

The inspection report should list what's in the residential premises, for example, the condition of the walls, floors, ceilings, windows, cupboards, appliances and plumbing fixtures. Taking pictures or a video that is kept with the copy of the inspection report is also useful. The inspection report should say what needs to be fixed and cleaned, and who will be responsible for looking after that.

A tenant is responsible for ordinary cleaning and for cleaning the results of extraordinary or abnormal use (court case: #13). (See the "sample cleaning list" in this section.) Some examples of damages to the physical condition of rental premises for which deductions can be made when inspection reports are properly completed, in most instances, are:

  • Steam cleaning of rugs with obvious dirt, soil, oil or urine stains or holes

  • Badly repaired holes in walls

  • Pushed in door panels

  • Food, dirt or nicotine on walls, cupboards or appliances

  • Broken glass

  • Holes in window screens

  • Garbage or litter strewn about

  • Pet excrements

Thus, a landlord can deduct for such things as obvious dirt, soil, etc., as long as the inspection reports were completed. Removal of accumulation of foreign material does not constitute a deduction for normal wear and tear. Some examples of normal wear and tear for which deductions are not allowable when inspection reports are properly completed are:

  • Professional shampooing of rugs, when there were no excess foreign materials

  • Professional cleaning of drapes, when there were no excess foreign materials

A landlord cannot make deductions from a security deposit to restore or repair normal wear and tear (court case: #24), even if there is a clause saying the opposite in a residential tenancy agreement. The RTA protects the security deposit from deductions for normal wear and tear by requiring landlords to complete move-in and move-out inspection reports. These reports allow the landlord and tenant to determine whether there are needed repairs or extra cleaning. If the inspection reports are not completed, the landlord is not entitled to make deductions from the security deposit to cover cleaning or repair costs. However, the clause will allow the landlord to sue the tenant for the charges agreed to.

If there are rent arrears or other charges, like NSF fees, that do not relate to the condition of the residential premises, the security deposit can be used towards the arrears or other charges even if inspection reports have not been completed.

If a landlord believes the tenant has abandoned the residential premises, the landlord must still make a reasonable effort to contact the tenant and arrange the move-out inspection. A record should be kept of the attempted contacts.

A new landlord cannot deduct for damages from a security deposit if the previous landlord did not complete a move-in inspection report. A new landlord is responsible for getting copies of all tenancy documents from a previous landlord.

If a landlord does not do the required inspection reports, a landlord can apply to court for a judgment for the debt owed by the tenant.

The move-out inspection report must be done within one week before or after the tenant moves.

The landlord has to document the inspection and give a copy to the tenant as soon as it is completed. As noted previously, a landlord is required to keep a copy of the inspection reports for at least 3 years after the termination of the tenancy. A landlord must make the inspection reports available for inspection by the Director or an authorized person for the purposes of an inspection or investigation.



Sample Cleaning List of Things That Should be Done Before a Tenant Vacates

If the landlord has not provided a cleaning list, the tenant should always check with the landlord to see if they have a cleaning list. The following is a suggested cleaning list for tenants to use if they are unsure of the cleaning that needs to be done when they are moving out of the residential premises:
  • Clean in, out, behind and under the fridge and defrost and clean the freezer

  • Leave the fridge door open if the power has been turned off

  • Clean in, out, behind and under the stove and clean the oven and burners on the stove

  • Wash the cupboards inside and outside

  • Clean inside and outside (except multi-level buildings) of all windows/tracks, closet doors/tracks and patio doors/tracks

  • Wash walls and floors

  • Dust curtain rods and window coverings or replace yours with the landlords

  • Dust or wash fans and vents, light fixtures, replace burnt out light bulbs

  • Check the smoke detector, replace batteries as needed

  • Clean bathroom thoroughly including the tub, tile, sink, vanity, mirror, medicine cabinet, cupboards and toilet

  • Vacuum and clean the carpets, if necessary

FORMS

Inspection Report forms, for both the move-in and move-out inspections with duplicate copies for landlords and tenants, are available at nominal cost from the Landlord and Tenant Advisory Boards, the Calgary Residential Rental Association or the Edmonton Apartment Association.

The forms are useful because they contain all the statements required by the Regulation; they have both the move-in and move-out inspections contained in the one form for ease of comparison; and they are printed in duplicate so that there are copies for both the landlord and the tenant.