Rental move-in inventory: the clause everyone forgets

When my sister-in-law signed her first lease in Bogotá, the landlord told her the apartment "was impeccable" and there was no need to do an inventory. Three months later, when she moved out, they withheld $800,000 from her deposit for a scratch on the wall of the back bedroom. There were no entry photos. There was no record. There was no way to prove that scratch was already there when she arrived.

The delivery inventory — also called a delivery record or delivery and receipt record — is the document that describes the condition of the property at the moment of entry and exit. It is the proof that protects the tenant from damage they did not cause, and that protects the landlord from tenants who truly damage the property. Without it, any dispute over the deposit ends up being one person's word against the other's. The tenant almost always loses. If you want to see real options right now, you can see apartments and houses on Colombia Move — posting is completely free.

This guide explains what an inventory should include, how to do it properly, and what to do if the landlord refuses. If you're still looking for an apartment and want to review the legal aspects of the contract before signing, also read How to review a lease in Colombia.

What exactly is a delivery inventory?

The delivery inventory is a document that describes the physical and functional condition of the property at the moment the keys are handed over. It can be a written list, a table, a form with checkboxes or even a formal email — what matters is that it is documented and both parties sign or confirm it in writing.

It is done twice. Upon entry, when the landlord hands the keys to the tenant: this inventory establishes the baseline. Everything in poor condition is recorded and cannot be charged to the tenant upon exit. Upon exit, when the tenant returns the keys: this inventory is compared with the entry one. Only damage that appears now and was not previously recorded can be charged, and only damage that exceeds normal wear and tear from use.

Law 820 of 2003 does not formally require the inventory in all urban residential lease contracts, but it does regulate that the landlord cannot charge for damage they cannot prove occurred during the lease. The inventory is that proof.

Why it matters more than it seems

Here is the practical problem: when there is no inventory, the power is completely on the landlord's side. If a stain appears on the ceiling, a cracked window or a door that no longer closes properly when you leave, there is no way to know if it existed before. The landlord says it happened during your lease. You say it was already there. There is no paper. There is no photo.

Honest landlords also need the inventory. Without it, they also cannot charge for legitimate damage that a tenant actually caused. A tenant who broke a door and left can deny any responsibility if there is no entry record showing the door was in good condition when they arrived.

The asymmetry is that the tenant has the deposit held in the landlord's hands. When there is a conflict upon exit, the tenant has to prove they did not cause the damage — not the other way around. Without an inventory, that burden becomes almost impossible to fulfill.

What the inventory should include (room by room)

A good inventory covers all areas of the property with enough detail to be useful upon exit. This table summarizes the key points by area:

In addition to the written table, film a continuous video with your phone as you walk through the entire apartment before entering. The file metadata already saves the date and time. If you prefer photos, take one of each wall, each appliance and any detail in poor condition. That is enough.

How to make the inventory step by step

1. Do it before you move in. Do not sign the contract and start living without doing the inventory first. Once you are inside, any damage can be "yours".
2. Both parties should be present. The landlord (or representative of the real estate agency) and the tenant must be together during the review. If the landlord cannot attend, ask someone with authority to do it in writing.
3. Photograph everything, not just the damage. A wall without scratches also needs a photo — to prove it was that way when you arrived.
4. Precise description. "Diagonal scratch of 10 cm on the left wall of the master bedroom, 1.2 meters from the floor" is much better than "wall with scratch". Vagueness only generates conflict.
5. Two signed copies. One for the landlord, one for the tenant. If it is physical, photocopy it before you leave. If you do it by email, the thread serves as backup.
6. Attach it to the contract. If the inventory is a signed annex to the lease, it has more legal weight. Many real estate agencies have a standard format — if yours does not, ask for one or make one yourself.

What if the landlord refuses to do the inventory?

It is a red flag. It does not necessarily imply bad faith — some landlords simply do not know it exists or think it is not necessary — but it is good to know how to handle it.

If the landlord says it is not necessary, do it yourself anyway: walk through the apartment on the day the keys are handed over, document everything in photos and video with visible date, and send a message to the landlord via WhatsApp or email saying something like: "Attached is a record of the apartment's condition at the moment of receiving the keys, [date]." Keep that thread. If the landlord never responds denying the content, that silence has value if the conflict reaches mediation.

If the contract includes a clause like "the tenant receives the property in perfect condition", that does not cancel out the inventory — but it does make it more urgent to document any defects before entering. To understand what other clauses to review, check out this guide on red flags in rental contracts in Colombia.

On the way out: how to use the inventory to recover your deposit

The move-in inventory is your argument when you leave. When the landlord points something out, you compare it against the record: was it there before or did it happen during your tenancy?

There is a key distinction in Law 820: the landlord can charge for 'deterioration that exceeds normal use'. Natural wear and tear—slightly faded paint, small marks from hooks or pictures, doors that have lost some adjustment—is not chargeable. What can be charged: holes in walls, broken tiles, damage to appliances, deep scratches on wood or ceramic floors.

If there is disagreement, the process is: (1) show the move-in inventory compared to the current condition and request a detailed written explanation of the charges; (2) if there is no agreement, go to a conciliation center—free or low-cost—before escalating to a court; (3) as a last resort, summary verbal proceedings before a civil judge. With a well-done inventory, you rarely reach that point.

To better understand how deposits and guarantees work in Colombia, also check out Co-debtor, guarantor and rental insurance: differences and which is best.

Frequently asked questions

❓ Is the landlord required to make a move-in inventory?

There is no article in Law 820 of 2003 that explicitly requires an inventory in all contracts. But the law does prevent the landlord from charging for damage they cannot prove occurred during the tenancy. Without an inventory, that proof doesn't exist. The one who runs more risk without an inventory is the tenant — because the deposit is in the landlord's hands.

❓ Can I make the inventory myself, without the landlord present?

Yes, but its evidentiary value is lower. If the landlord doesn't want to participate, do it anyway: video with date, photos, email or WhatsApp sent to the landlord on the same day you receive the keys. A unilateral inventory that the landlord receives and doesn't contest carries more weight than having nothing.

❓ What is considered normal wear and tear in a rental apartment?

Normal wear includes slightly faded paint, small marks from hooks or pictures, doors that have lost some adjustment, faucets showing signs of use. It does not include holes in walls, large stains, broken tiles, damage to appliances or deep scratches on floors. The legal standard is 'careful and reasonable use' of the property.

❓ What do I do if the landlord wrongfully withholds the deposit?

First, contact them in writing showing the move-in inventory and requesting a detailed explanation of the charges. If there is no agreement, you can go to a conciliation center in your city—free or low-cost—before escalating to a court. In Bogotá, the conciliation centers of the Chamber of Commerce operate. In Medellín, the Comfama Conciliation Center or the University of Medellín. With the inventory in hand, it rarely goes to court.