Lease Review and Eviction Response Checklist: A Practical Checklist

Summary. A two-sided checklist for residential tenancies — the tenant's sequence from lease review to deposit recovery, the landlord's from screening to itemization, and shared settlement and sealing terms.

For doctrine, see Residential Landlord-Tenant Law. For the workflow, see Handling a Landlord-Tenant Dispute.

PART ONE — TENANT

Phase 1 — Before signing

Term and rent: exact start and end dates, amount, due date.
Late fee: amount, trigger day, no compounding — checked against the state cap.
What is included: utilities, parking, appliances, storage, trash. Anything advertised must appear in the lease.
Repair responsibility: watch for clauses shifting HVAC, plumbing, or "repairs under $___" to the tenant.
Entry: notice period and permitted purposes.
Deposit: amount, where held, return procedure.
Termination and renewal: auto-renewal, non-renewal notice, early termination fee.
All fees totaled — administrative, technology, package, mandatory insurance. The total is the real rent.
Rules incorporated by reference obtained in current form and attached.
Clauses that may be void in your state flagged: habitability waiver · jury waiver · confession of judgment · one-way attorney's fees · self-help authorization.
Every verbal promise reduced to a signed addendum.
Application fee and screening: adverse action notice rights understood.

Phase 2 — Move-in (day one, before unpacking)

Photograph and video every room, date visible: floors, walls, ceilings, cabinet interiors, under sinks, appliance interiors, window frames, closet floors, grout, and every existing defect.
Written move-in condition report completed — your own if none is offered — signed, dated, and emailed to the landlord for a transmission record.
Test: every outlet, burner, oven, disposal, heat, A/C, faucet, drain, window, lock, smoke and CO detector.
Non-working items listed in the same email as a dated repair request.
Utility meters photographed at transfer.
Required disclosures received: lead paint (pre-1978), deposit location, local tenant rights notice.

Phase 3 — When something breaks

Written notice the same day — email or text, never a phone call alone.
Notice states: the condition specifically · the date it began · severity and any health/safety impact · a photograph · an offer of access.
Follow-ups in writing on day 3, day 7, day 14, each restating days elapsed.
Code enforcement called if unrepaired and the condition violates code (independent evidence + retaliation protection).
State's remedy rules checked before acting:
- Repair and deduct — cap, frequency limit, notice and waiting period
- Withholding — permitted at all? escrow required?
- Abatement — pay and claim a reduction
- Constructive eviction — requires actually vacating within a reasonable time
If withholding with escrow: rent deposited with the clerk, receipt kept, landlord notified in writing.
All invoices, receipts, photographs, and inspection reports in one folder.

Phase 4 — When you receive a notice

Date of receipt written down; notice photographed where posted.
Deadline calendared.
Type identified: pay or quit · cure or quit · unconditional quit · non-renewal.
Notice audited for defects:
- Amount demanded correct, and limited to what the statute allows (often rent only)
- Notice period correct and correctly counted (calendar/business days; mail extension)
- Service by a permitted method
- Correct parties and premises named
- Signed by the landlord or authorized agent
- Cause stated where a just-cause ordinance requires it
- Landlord registered / certificate of occupancy current, where that is a filing precondition
If pay-or-quit: full payment or documented tender before the deadline.
Do not move out. A notice is not a court order.
Help contacted: legal aid · tenant union · self-help center · right-to-counsel program.
Rental assistance application started.

Phase 5 — Served with a summons

Answer deadline found on the summons and calendared (can be 3–5 days).
Answer filed — never default, even if rent is owed.
Each allegation admitted, denied, or answered for lack of knowledge.
Defenses raised: defective notice · payment or tender · habitability · retaliation · discrimination · waiver by acceptance of rent · failure to register · improper service · wrong plaintiff · protected activity.
Counterclaims asserted if permitted (deposit, damages, illegal fees).
Jury demand made if wanted and available.
Court's form answer used if one exists.
Continuance requested if a rental assistance application is pending.

Phase 6 — The hearing

Three copies of every document, in a labeled folder.
Lease · proof of every payment · the notice and envelope · repair emails · photographs printed and dated · inspection reports · witnesses present.
One-page written timeline with dates in order.
Arrive early; participate in any pre-hearing mediation.
Presentation is dates and documents, not grievance.
Any agreement: in writing, on the record, read before signing.
Stipulation terms negotiated: cure period before judgment · dismissal rather than judgment on completion · sealing/expungement.

Phase 7 — After judgment

Stay of execution requested for good cause.
Appeal deadline and any bond/rent-payment requirement checked.
Voluntary move considered before the writ.
Abandoned property statute checked: storage period, notice, retrieval process.
Sealing or expungement of the eviction record requested.

Phase 8 — Deposit recovery

Move-out photographs and video taken in the same order as move-in.
Walkthrough attended; inspector's notes obtained.
Keys returned with a receipt.
Forwarding address sent in writing (starts the clock in several states).
Statutory deadline calendared.
Demand letter after the deadline citing the statute and its penalty, sent traceably.
Small claims filing prepared: lease · move-in report · matched before/after photographs · forwarding address proof · demand letter and delivery proof · the statute printed with subsections highlighted.

PART TWO — LANDLORD

Phase 9 — Screening and lease

Written screening criteria drafted before advertising and applied identically to every applicant.
Applications retained.
FCRA adverse action notice sent on any denial, higher rent, or co-signer requirement based on a consumer report.
No blanket criminal exclusion; individualized assessment (nature, time elapsed, rehabilitation).
Source-of-income rules checked — voucher refusal is unlawful in many jurisdictions.
Advertising reviewed for discriminatory statements or preferences.
Lease reviewed once against the state statute; void clauses removed.
Required disclosures assembled: lead paint, deposit, mold/bedbug, local handouts.

Phase 10 — Move-in and operations

Signed move-in condition report with photographs.
Deposit placed as the statute requires (separate/interest-bearing account) and location disclosed.
Written repair-reporting procedure given to the tenant, with a monitored address.
Maintenance log opened: date received · condition · action · vendor · completion date.
Vendor invoices retained.

Phase 11 — Repairs (defeating the habitability defense in advance)

Every request acknowledged in writing within 24 hours.
Emergencies (heat, water, sewage, gas, exterior lock) addressed immediately.
Access problems documented: appointment offered · tenant response · technician note.
No adverse action within the retaliation presumption window after a complaint or inspection.

Phase 12 — Nonpayment decision

Arithmetic run: filing + service + counsel + vacancy vs. arrears.
Rental assistance program checked and landlord paperwork started.
Written payment plan considered, with a clear default trigger.
Cash for keys considered: date certain · clean unit · payment · mutual releases.

Phase 13 — The notice audit (where landlords lose)

Correct type for the ground asserted.
Correct number of days, counted as the statute counts them.
Amount limited to what the statute permits — late fees and utilities excluded where only rent may be demanded.
All adult occupants named correctly.
Premises correctly described.
Signed by landlord or authorized agent.
Cause stated where required by a just-cause ordinance.
Served by a permitted method; proof of service completed.
Full period elapsed before filing.
No partial rent accepted after service without a written reservation of rights.

Phase 14 — Filing and hearing

Registration / certificate of occupancy confirmed where it is a filing precondition.
Suit filed in the correct name (owner of record, or agent with documented authority).
Exhibits: lease · one-page ledger with detail behind it · notice and proof of service · maintenance log · photographs · correspondence.
Prepared for defenses: notice defect · habitability · retaliation · waiver · registration · service.
Writ requested after judgment; statutory waiting period observed.
Execution by sheriff or marshal only.

Phase 15 — Prohibited absolutely

~~Changing locks~~ · ~~removing doors~~ · ~~shutting off utilities~~ · ~~removing belongings~~ · ~~threatening any of these~~.
Abandoned property handled by statute: storage period · notice · accounting for sale proceeds.

Phase 16 — Move-out and deposit

Deadline calendared the day keys are returned.
Inspection conducted with the move-in report and camera in hand.
Deductions limited to unpaid rent, damage beyond ordinary wear, and cleaning to the move-in standard.
Depreciation applied to items with a useful life.
Itemized statement with receipts or estimates sent with any balance, by the deadline, to the forwarding address.

PART THREE — SHARED

Phase 17 — Settlement terms worth trading

Tenant wants: time · waiver of balance · neutral reference · deposit returned · no judgment entered · record sealed.
Landlord wants: certain move-out date · clean unit and keys · enforceable agreement · no counterclaim.
Agreement in writing, signed, and placed on the record.
Free housing-court mediation used where available.
Joint motion to seal filed as part of the resolution.