Renting a flat with damp walls: what to record at move-in

Deposit disputes over damp usually come down to one question: was it there when the tenant moved in? Without a record, it is one person's memory against another's. With dated photos and a note of every damp area, the question mostly answers itself. That helps the tenant and the landlord equally.

Ground-floor flats, flats below a terrace and flats with bathrooms backing onto bedrooms need the most care, but the same record works for any rental.

What the law says, briefly

The Model Tenancy Act, 2021 is a central model law that states may adopt, in full or in their own version. Its schedule splits repair and maintenance responsibilities between landlord and tenant. Where your state has not adopted it, your state's rent law and your rent agreement decide who repairs what. In practice, the rent agreement is the first document anyone will read in a dispute, so check what it says about repairs, damp and the deposit before you sign.

This is general information, not legal advice. Your state's rules may differ.

What to record at move-in

1. Walk through every room with the landlord or agent if possible, on the same day the keys change hands.
2. Photograph every wall and ceiling, including inside wardrobes and under the kitchen sink. Make sure the date is on the photos.
3. For each damp area, note the room, the exact location, the size and what it looks like: stain, peeling paint, salt, black mould spots, swelling.
4. Note any musty smell, swollen door frames and rust stains near pipes.
5. Write it up as a short list, attach the photos, and send it to the landlord by email or WhatsApp. Ask them to acknowledge it.
6. Keep the acknowledgement with your rent agreement.

Where to look hardest

A flat viewed in the dry months can hide a seasonal leak. If you move in during winter, ask the landlord in writing whether there has been any leakage in past monsoons, and note the answer.

During the tenancy

If new damp appears, tell the landlord in writing as soon as you notice it, with photos. Delays make it harder to show the damp came from the building and not from how the flat was used. Where the source is the flat above or a common pipe, the landlord usually has to take it up with the neighbour or the society, so they need to know early.

Not all damp is a building fault. Condensation from cooking, bathing and drying clothes indoors can cause spots and mould on cold walls. The condensation or leak post explains how to tell them apart, which matters for who is responsible.

At move-out

Repeat the walk-through on the day you hand back the keys, with the same rooms photographed from the same spots. Put the two sets side by side. Damp that appears in both is the building's history, not your doing. Damp that is new is easier to discuss when you reported it in writing at the time.

For landlords

• Record the flat's condition before each new tenancy, with dates, and share it with the tenant.
• Fix known sources between tenancies, and note what was done and when.
• Agree in the rent agreement how damp will be reported and how quickly you will respond.
• Keep records from one tenancy to the next. Comparing them shows whether a problem is new or old.

The tenants and landlords page covers move-in records in more detail.

The Megahedge report gives both sides a dated, room-by-room record with readings against a dry reference wall.