The fight over a security deposit usually starts six months before the tenant moves out. It starts when nobody walked the unit at move-in, nobody took photos, and nobody signed anything. By the time you're standing in a unit with $1,800 in damage and no documentation, the outcome in general sessions court is already leaning against you.
This is the checklist I use for every Covendell tenancy. It works because it produces a signed, timestamped record that closes off the "it was already like that" argument before it starts.
What Tennessee law requires and what it doesn't
Tennessee Code Annotated § 66-28-301 requires a formal damage inspection at move-out. It does not require a move-in checklist. That distinction matters because some landlords read "no requirement" as "no need." The result is a landlord who finds damage at move-out and cannot prove when it happened.
What the law does require at move-out: you inspect the property either on the day the tenant completely vacates or within 4 calendar days of vacating. This must happen before any cleaning or repairs begin. If you and the tenant both inspect and sign the damage listing, that document becomes "conclusive evidence of the accuracy of the listing" under TCA § 66-28-301(b). That is a meaningful legal standard. It effectively ends the dispute about whether the damage existed.
But that protection only works when you have a move-in record to compare against. Without the baseline, a signed move-out listing only tells you what you found. Not who caused it.
Move-in: what to document and when
Conduct the move-in inspection before the tenant receives keys, with the unit empty and clean. Both parties should walk through together. Each party signs the completed checklist, and each receives a copy that day. Email delivery creates a timestamp. That timestamp matters if a tenant claims they submitted a dispute two weeks later that you never saw.
For Memphis properties built before 1978, add a lead paint section to your checklist. Federal law under 42 U.S.C. § 4852d requires disclosure of known lead-based paint hazards and delivery of the EPA "Protect Your Family from Lead in Your Home" pamphlet before lease signing. Over 55% of Memphis rental units were built before 1978. If the property was built before that year and you have not provided this disclosure, the lease is not in compliance regardless of what else you documented.
Take 50 to 75 timestamped photos per inspection. Enable the date stamp in your camera settings or use an app that geotags automatically. Organize photos by room with written notes and photo reference numbers on the checklist. A photo of a wall described as "good condition" protects you if the tenant later points to that wall at move-out.
Room-by-room: what to note
Go through the unit in a fixed order. Do not rely on memory for items to check.
Living areas and bedrooms: Walls (paint condition, existing marks or holes), ceilings (stains, cracks), floors (carpet age and condition, hardwood, tile), windows (locks, screens, glass condition), light fixtures, outlets and switches, smoke detectors (test them and note the date), and closets. For carpet, write down the approximate age if you know it. Carpet has a 5-to-7-year useful life under HUD guidelines. If the carpet is already 4 years old and a tenant damages it at the end of a 2-year lease, you can charge for the remaining useful life as a fraction of replacement cost, not the full amount.
Kitchen: All appliances (test the oven, all burners, refrigerator compartments, dishwasher cycle, garbage disposal), countertops, cabinet interiors, sink caulking, under-sink plumbing for existing leaks, exhaust fan, and outlets including GFCI function. I've seen tenants cook without ever using the exhaust fan, then leave behind grease buildup that took a full day to remediate. Documenting a clean, functional fan at move-in makes that deduction straightforward.
Bathrooms: Toilet stability and flush function, tub and shower caulking, grout condition, exhaust fan, sink drain speed, GFCI outlet, any existing mold or moisture staining. Existing mold must go on the checklist. If you do not document pre-existing mold at move-in, you cannot charge remediation costs against the tenant later, and you cannot defend against a habitability claim if the tenant later raises the same mold.
HVAC system: Test it on both heat and cool modes. Note the filter condition, filter size, and approximate age of the unit if known. Write down the date the filter was last changed. Memphis landlords replace HVAC systems more frequently than in most markets because of the humidity load and older housing stock. If a tenant neglects filter changes for two years and the system fails early, your documented baseline is what makes the damage claim possible. In Memphis, an HVAC replacement runs $4,000 to $8,000.
Plumbing and water heater: Run every faucet and note water pressure and color. Check drain speed. Note the water heater's approximate age, whether it is gas or electric, and any visible corrosion. About 56% of Shelby County homes were built before 1980. Many have older supply lines. Documenting their condition at move-in creates a record if a failure occurs mid-tenancy and a dispute arises over whether the tenant caused it or the system just failed.
Pest conditions: Note any visible pest evidence at move-in: droppings, entry points, insect activity, or termite damage. Memphis has year-round pest pressure. If you do not document a pre-existing pest condition, a tenant can claim any infestation at move-out was pre-existing. And if a tenant causes a new infestation (particularly rodents or bed bugs tied to their stored items), your documented clean baseline is the only way to support a deduction.
Keys and access: Write down the exact number of keys provided, mailbox keys, and any garage remotes. Collect all of them at move-out and document what you received. Rekeying a property runs $80 to $150 per lock.
Normal wear and tear vs. damage: the line that matters
Tennessee law prohibits deducting for normal wear and tear. The statute does not define the term. Courts use a practical test: would this condition exist if someone used the unit carefully and normally for that period of time? If yes, it is wear and tear.
Wear and tear (not deductible): small nail holes from picture hanging, light scuffs on walls, faded paint after three or more years, worn carpet from foot traffic after five or more years, loose cabinet hinges from normal use.
Tenant damage (deductible): large holes in drywall, cigarette burns on countertops or carpet, broken fixtures or hardware, pet staining requiring carpet replacement rather than cleaning, unauthorized paint colors, excessive filth requiring professional remediation.
Two numbers matter when calculating deductions. Paint has a 3-year useful life under HUD guidelines. After 3 years, you cannot charge a tenant for full repainting costs. The surface was due. Carpet runs 5 to 7 years. If you charge for carpet damage, you must prorate: a 2-year-old carpet damaged by a tenant on a 6-year-life schedule allows you to claim 67% of replacement cost, not 100%.
For a full breakdown of what Tennessee law requires for security deposit deductions and return deadlines, see the Tennessee security deposit rules guide.
Move-out inspection: what changes
Give the tenant written notice of their right to be present at the move-out inspection when you or they give notice to vacate. Both present is better. When both parties sign the damage listing, TCA § 66-28-301(b)'s "conclusive evidence" standard applies and the tenant's ability to dispute specific charges in court is limited to items they dissented from at the time of signing.
If the tenant declines to attend, conduct the inspection without them and send the damage listing by certificate of mailing when they request it in writing. Keep that mailing receipt.
Inspect before you touch anything. Do not repaint, do not clean carpet, do not replace fixtures before completing the inspection and photographing every damaged item. Once the repair is made, the evidence is gone. Courts do not credit verbal descriptions of damage that no longer exists.
You have 30 days from the end of the tenancy to return the deposit or deliver an itemized list with documentation. For the full process from inspection through deposit disposition, the Tennessee move-out process guide covers the sequence and what happens if you miss the deadline.
The documentation setup that protects you
The checklist itself does not need to be complicated. What it needs to do is cover every room systematically, include condition ratings and written notes, reference photo numbers, and carry the signatures and dates of both parties.
Store every inspection report, every photo set, and any tenant dissent notes together in a single folder per tenancy. Keep these records for at least 3 years after the tenancy ends. That is within the statute of limitations for most Tennessee civil claims, and it covers you if a tenant files late.
If you manage more than three units, conduct mid-tenancy inspections every six months. Tennessee law requires 24 to 48 hours written notice for non-emergency entry. These inspections catch developing problems (a slow drain, a clogged filter, early mold behind a vanity) before they become the kind of damage that takes $3,000 to fix and $1,500 to dispute. The full rental property inspection guide covers what to check at each stage of the tenancy.
The landlords who win deposit disputes are not the ones who got lucky with good tenants. They are the ones who documented the condition of the property every time they should have, kept the records, and followed the process. That is the whole system.
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