Security Deposit no inspection before move in can they take my deposit

[bkutz]

I moved into my current house a little less than a year ago. When we moved in no inspection of the home was conducted. The house was previously occupied by a friend of mine and the landlord forced us to move in as is. When we signed the lease they made us sign a blank inspection checklist. She told us this just meant that we took the house as is and that no inspection was conducted. The guy who lived there before us was there 5 years and the house was in rough shape when we moved in. This house has not been inspected once in the last almost 6 years.

I have fixed some of the problems since I have been there just because of my OCD. The house will be in worlds better condition when I move in. I however, do not know what condition it was in when he moved in. There are a few broken or missing storm windows, a missing shower door and 2 exterior doors look like they were kicked in at some point. while he says that all that was damaged or missing when he moved in I am not sure if that's true.

a friend of mine told me that since I signed that blank checklist that they can claim I signed off that there was nothing wrong with the house when I moved in. Then they can bill me for anything that's wrong with the house even if it was broken when he moved in. Is this true?

 

[army judge]

Alabama doesn't require your landlord to conduct an inspection prior to, or just before you take possession of the unit.
Common sense dictates EVERY RENTER must conduct a walk through before formally moving in to the rental unit.
If the landlord won't allow you to do so, don't rent the unit.
That's one question smart renters ask before they take possession of the unit.

You could have created your own list and given it to the landlord.
In addition to the list, always take videos and/or pictures.
You then give copies to the landlord, and request him or her to sign.
Its also wise NOT to move in BEFORE you conduct the walk through.
In addition, never sign anything that is BLANK.

No one knows what your landlord will say about her allegations of damage, destruction, and the overall mess you have made.
Yes, she can keep all of your security deposit.
Is that legal?
Only a court can make that call.
If you dispute the amount returned to you, off to small claims court you must go.
There you'll be required to PROVE why you should have gotten it all back.
If that happens, you can take her to small claims court.

Here's how the security deposit should work in AL:

http://landlords.about.com/od/LegalIssues/a/Alabama-Security-Deposit-Law.htm

http://www.nolo.com/legal-encyclopedia/alabama-security-deposits-36187.html

http://securitydepositrefund.org/alabama-renters-rights-law.html

 

[mightymoose]

You were not forced to sign anything. You did so willingly.
You do have a remedy in court if it can't be resolved otherwise, you will just have to decide what your time is worth.