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Due to move out soon, Ontario - No move-in inspection performed

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  • Jun 2nd, 2016 9:56 am
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[OP]
Newbie
Aug 16, 2014
36 posts
22 upvotes
Toronto, ON

Due to move out soon, Ontario - No move-in inspection performed

Hey Team,

Just wondering if you could help us out here, we're due to move out of an Apartment (fully managed, not Condo/Owner) in Ontario. Upon moving in, a new investment firm bought the place, staff were all changing hands and as such rental paperwork etc was rather sporadic to say the least.

We've had an average year here, nothing too wild. Certainly not worth what we're paying (in excess of $2500+ for a 2 bedroom unit), we've decided to part ways and move on to another area of the city, cheaper and better.

Upon moving in, we were handed the keys and a few extras, no tour, nothing, the woman who worked in the rental office soon switched to another building and we got a new property manager during our first few weeks.

We complained about the blinds not working to be told "we dont replace blinds, its for the tenant to do" tons of other things went wrong and we were kind of told to 'deal with it'.

During the visit about the blinds visit the property manager mentioned something about a move-in inspection. My girlfriend told him we never had one, he looked at the super intendent and said "THEY NEVER HAD ONE???!?!??!"... the conversation dwindled and here we are today. Move out is due in a month.

My question is.... we've not damaged the unit per say, but there may be some slight marks on the wall, perhaps... if you're looking for dirt/dust you will find it (we'll clean as best as we can).

But - are we liable for any perspective damages they may find to the unit? our old place charged us $50 per wall (up to $350) to repaint due to marks.

Does it get as legal as to say: If you DID NOT sign/recieve a move-in inspection then you will cannot be held liable for damages.

Thanks in advance! - We appreciate your responses.
3 replies
Deal Addict
User avatar
Jun 26, 2011
1689 posts
397 upvotes
My impression is that a move-in inspection is for both parties' benefit. It's like when you go to rent a car, you should document any dents prior to driving it so that you're not charged for it later. If you didn't receive one, I'm guessing the onus is still partially on you to arrange one.

I don't actually have experience with the legality of it though.
Newbie
Oct 25, 2013
59 posts
4 upvotes
Oshawa - The Shawa
Ideally they should inspect 1 month before your move out date and give you the details of issues. We had painted the apartment walls (red n light green) I know.. :( And they wanted it back white. Went to the Crappy tire, picked up the crappy white paints and painted up the walls. Move-out was spotless :)
Deal Addict
Apr 24, 2007
2308 posts
581 upvotes
Without an inspection prior to moving in I think they are out of luck if they don't like anything now. Nothing to say that it wasn't in that condition when you moved in.

When I rented out a condo I did the inspection with my tenant present and gave them a CD full of images from the condo of the entire unit and specifically anything that wasn't '100-percent'. I asked the tenant to review it and let me know if they felt anything should be added. This was for both of our protection and it worked out quite well.

I am rusty on what the Act says about this, but I don't see how you could be on the hook for any claims they may now have.

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