Inventory and pre-existing damage
Inventory and pre-existing damage
Why documenting pre-existing damage is essential
During the move-in property inventory, the tenant must pay particular attention to damage already present in the property. Any defect not recorded risks being charged to them at move-out, with a direct impact on their rental deposit.
The principle is simple: anything that appears in the move-in inventory cannot be blamed on the tenant at move-out. Conversely, any damage absent from the move-in inventory and recorded at move-out will be presumed to have been caused by the tenant, unless proven otherwise.
This is why the move-in inventory must be carried out in an adversarial manner, with particular attention to detail.
How to properly record pre-existing damage
The written description
For each item of damage, the document must specify:
- The exact location: room, wall (north/south/east/west), height
- The nature of the damage: crack, damp stain, chip, scratch, mark
- The dimensions if relevant: length, width, depth
- The functional condition: dripping tap, stuck shutter, defective socket
Photographic evidence
Each item of damage recorded in writing should be accompanied by a dated photograph. See our guide on photos in the property inventory for best practices.
Commonly overlooked points
| Element | Defects to check |
|---|---|
| Walls and ceilings | Cracks, damp marks, peeling paint |
| Floors | Scratches, cracked tiles, stained carpet |
| Joinery | Worn seals, cracked glazing, broken handles |
| Bathrooms | Limescale, mouldy joints, slow drainage |
| Electrics | Defective sockets, broken switches |
| Exterior | Terrace, garden, fence, gutter |
Damage discovered after move-in
It happens that a tenant discovers a defect in the days following move-in — for example an invisible infiltration when dry that appears during the first rains.
The procedure to follow
- Photograph the damage immediately
- Notify the landlord in writing (email with read receipt or registered letter)
- Request an addendum to the move-in inventory
In Wallonia and Brussels, an addendum may be drawn up within the first month following move-in. In Flanders, the deadline is stricter but a prompt written notification remains admissible before the Justice of the Peace.
The sooner you report damage after move-in, the more credible your claim will be. Beyond a few weeks, it becomes difficult to prove that the damage was pre-existing.
Impact on the move-out inventory
At move-out, the expert or parties will compare both inventories. Damage recorded at move-in will be excluded from the list of repairs chargeable to the tenant. Only new or worsened damage may be charged.
If pre-existing damage has worsened (for example a crack that has widened), the question arises: is it depreciation or abnormal use? The justice of the peace will decide on a case-by-case basis, taking into account the lease duration and the nature of the damage.
Practical advice
- Be thorough at move-in — take your time, inspect every corner
- Do not hesitate to report small defects — even minor ones protect the tenant
- Keep a signed copy of the inventory and photos throughout the lease
- Report any damage discovered after move-in within the first few days in writing
To create a lease incorporating protection clauses for pre-existing damage, use our online lease generator. Also see our guide on tenant repairs at move-out to understand the allocation of responsibilities.