A Landlord's Checklist for Tenant Move-In and Move-Out Inspections in Arequipa

As an expat or foreign investor navigating Arequipa's dynamic real estate market, securing your investment means more than just acquiring a property; it requires diligent and informed management. Among the most critical aspects of rental property oversight are the tenant move-in and move-out inspections. These aren't mere formalities; they are indispensable legal and practical safeguards that protect your asset, clarify responsibilities, and minimize potential disputes. Without a robust and properly documented inspection process, you leave yourself vulnerable to damages, financial losses, and complex legal challenges under Peruvian law.

The Indisputable Importance of Meticulous Inspections

Why dedicate significant time and effort to these inspections? The answer lies in comprehensive risk mitigation and robust legal protection, which are paramount in the Peruvian context:

Protecting Your Investment: Your property in Arequipa is a valuable asset. Inspections ensure that its condition is meticulously documented before and after a tenancy, allowing you to identify and address any damages beyond normal wear and tear effectively.
Legal Recourse for Damages: Under Peruvian law, particularly concerning security deposits (garantía), the burden of proof for damages lies squarely with the landlord. Comprehensive inspection reports, supported by photographic and video evidence, are your primary tools for legally justifying deductions from a security deposit. Without this irrefutable documentation, tenants can easily dispute claims, often successfully, leaving you with unrecoverable costs.
Establishing Clear Expectations: A thorough walk-through with a new tenant sets a clear baseline for the property's condition, promoting responsible occupancy from the outset and fostering a transparent landlord-tenant relationship.
Avoiding Costly Disputes: Ambiguity breeds conflict. Detailed documentation reduces misunderstandings, making it easier to resolve issues amicably or, if necessary, through legal channels, saving you invaluable time, money, and stress.
Peruvian Legal Context: Official, notarized inspection reports (commonly known as Actas de Entrega y Recepción de Inmueble in Peru) carry significant legal weight. They serve as concrete evidence should a dispute escalate, providing a formal record recognized by the Peruvian legal system.

Before the Move-In: Preparing Your Property and Documentation

Before you even schedule the move-in inspection, critical preparatory steps are required to ensure a smooth transition and full legal compliance.

Property Preparation:

Thorough Cleaning: The property should be professionally cleaned and presented in impeccable condition. This sets a high standard for the tenant's move-out cleanliness and ensures there are no pre-existing cleanliness issues to dispute.
Functionality Check: Ensure all appliances (refrigerator, stove, washing machine, water heater, water pump if applicable), fixtures (lights, fans, faucets, toilets), and utility systems (electricity, water, gas) are in perfect working order. Test every single item thoroughly.
Repairs Completed: Address any pre-existing maintenance issues or repairs. Document these resolutions with "before and after" photos.
Safety Checks: Verify smoke detectors, carbon monoxide detectors (if applicable), and fire extinguishers are present and functional. Check all locks, security grilles, and any alarm systems.
Utility Accounts: Confirm all previous utility bills are paid in full. In Arequipa, landlords often opt to keep utility accounts for electricity (SEAL) and water (SEDAPAR) in their name and have the tenant reimburse them monthly, to avoid issues with unpaid bills accruing to the property. If accounts are to be transferred, coordinate this specifically with the utility companies.

Essential Documentation:

Notarized Lease Agreement (Contrato de Arrendamiento): This is paramount. Ensure it explicitly details tenant responsibilities, security deposit clauses, procedures for inspections, and any specific requirements for the property's upkeep. In Peru, a notarized lease offers significantly stronger legal standing.
Acta de Entrega y Recepción de Inmueble (Property Handover and Acceptance Act): This is the core document for both move-in and move-out. It should be a comprehensive, itemized list detailing the property's condition, room by room. It must be signed by both the landlord (or your designated property manager/agent) and the tenant, and crucially, have the signatures legalized by a Notario Público in Arequipa.
Detailed Inventory List: For furnished properties, list every single item, from major appliances to cutlery, noting its brand, model, serial number (where applicable), and initial condition.
High-Resolution Photos and Videos: Timestamped visual documentation of every room, every appliance, every fixture, and every pre-existing blemish is non-negotiable. This is your most irrefutable evidence.
Utility Meter Readings: Record the exact readings for electricity (SEAL), water (SEDAPAR), and gas (if applicable) on the day of handover.

The Move-In Inspection: A Step-by-Step Guide

The move-in inspection is your opportunity to establish a clear, legally sound baseline for your property's condition.

When: Conduct this inspection on the day the tenant takes possession, before any of their belongings are moved in. This allows for an unobstructed view of the property.
Who: The landlord (or your designated, legally empowered property manager/agent) and all adult tenants should be present.
Essential Tools:
- Multiple copies of the Acta de Entrega y Recepción de Inmueble and inventory list.
- Pen.
- High-quality camera or smartphone with video capability (ensure battery is charged and sufficient storage is available).
- Flashlight (for dark areas like closets or under sinks).
- Measuring tape (useful for verifying appliance dimensions or noting furniture placement, if applicable).
- Small notebook for additional observations.

The Process:

Welcome & Overview: Greet the tenant and briefly explain the purpose of the inspection – to protect both parties by comprehensively documenting the property's condition at the start of the tenancy.
Room-by-Room Walk-Through: Systematically go through the property, room by room, with the tenant present. Do not rush this process; allow sufficient time for thoroughness.
Cross-Reference & Document: For each item on your checklist and inventory:
- Visually inspect its condition.
- Compare it against your pre-inspection notes and photos.
- Note any existing damages, defects, or unusual conditions directly on the Acta de Entrega. Be specific and objective (e.g., "small scratch on living room wall, right side, near window").
- Take clear, well-lit photos and short videos of everything, especially any noted imperfections.
Test Functionality: Operate all appliances, turn on all lights, test water pressure in sinks and showers, flush toilets, and check for hot water. Ensure everything is working as expected.
Utility Readings: Record the exact readings from electricity (SEAL), water (SEDAPAR), and gas (if applicable) meters on the Acta de Entrega.
Pest Check: Inspect for any signs of current or past pest infestations.
Review and Sign: Once the entire property has been inspected, review the completed Acta de Entrega y Recepción de Inmueble and inventory list with the tenant. Ensure they understand and agree with all documented points. Both parties must sign and date every page.
Notarization: Crucially, the signatures on this Acta, along with the lease agreement, should be legalized by a Notario Público in Arequipa. This process provides a fecha cierta (certain date) and validates the identities of the signatories, significantly elevating the document's legal standing.
Key Handover: Hand over all keys and document the number of sets provided on the Acta.

Move-In Inspection Checklist (Detailed)

This is a comprehensive, room-by-room guide. Adapt it to your specific property.

General Areas (Entry, Hallways, Living/Dining Room):

Walls & Ceilings: Paint condition (scuffs, holes, discoloration), cracks, water stains.
Flooring: Cleanliness, scratches, chips, stains, loose tiles/boards, carpet condition.
Doors: Condition (scratches, dents), hinges, locks, handles, doorstops.
Windows: Glass (cracks, cleanliness), frames, latches, screens, blinds/curtains (condition, functionality).
Lighting: All light fixtures working, switches, ceiling fans.
Electrical Outlets: Functionality, visible damage.
Air Conditioning/Heating (if applicable): Functionality, filter cleanliness.

Kitchen:

Appliances: Refrigerator (cleanliness, seals, shelves, functionality), Stove/Oven (cleanliness, burners, oven light, functionality), Microwave (cleanliness, functionality), Dishwasher (cleanliness, racks, functionality). Note brand, model, serial number.
Counters & Cabinets: Scratches, chips, stains, loose doors/drawers, internal cleanliness.
Sink & Faucet: Cleanliness, leaks, water pressure, drainage.
Plumbing: Visible leaks under sinks.
Exhaust Fan: Functionality, cleanliness.
Flooring: Same as general areas.

Bedrooms:

Walls & Ceilings: Paint, holes, stains.
Flooring: Same as general areas.
Closets: Doors, shelving, rods, lighting.
Windows: Same as general areas.
Lighting & Outlets: Functionality.
Furniture (if furnished): List each piece, noting condition (scratches, tears, stability).

Bathrooms:

Toilet: Cleanliness, flush mechanism, leaks, seat condition.
Sink & Faucet: Cleanliness, leaks, water pressure, drainage.
Shower/Tub: Cleanliness, tiles, grout, showerhead, water pressure, hot water, drainage, leaks.
Mirrors & Cabinets: Condition, cleanliness.
Exhaust Fan: Functionality.
Flooring: Tiles, grout.

Laundry Area (if applicable):

Washer/Dryer: Cleanliness, functionality, hoses.
Utility Connections: Leaks, proper hookups.
Sink/Cabinets: Cleanliness, condition.

Exterior/Balcony/Terrace (if applicable):

Flooring: Cracks, stains, cleanliness.
Railing: Stability, rust.
Walls: Paint, cracks.
Lighting: Functionality.
Drains: Clear.

Utilities & Security:

Meter Readings: Electricity (SEAL), Water (SEDAPAR), Gas (if applicable).
Water Heater: Functionality.
Locks: All external doors and windows.
Intercom/Alarm System: Functionality.

The Move-Out Inspection: Reclaiming Your Property

The move-out inspection is the mirror image of the move-in process, but with the specific goal of assessing changes and damages incurred during the tenancy.

When: On the final day of the tenancy, after all tenant belongings have been removed and the property has been thoroughly cleaned. This is crucial for an accurate and undisputed assessment.
Who: The landlord/agent and all adult tenants should be present.

The Process:

Baseline Comparison: Use the original, signed, and notarized Acta de Entrega y Recepción de Inmueble and inventory list from the move-in as your primary reference point.
Systematic Inspection: Go through the property room by room, systematically comparing the current condition to the documented move-in condition.
Document New Damages: Meticulously note any new damages, excessive wear and tear beyond normal use, missing items, or cleanliness issues. Take abundant photos and videos, juxtaposing them with your move-in documentation.
Test Functionality: Re-test all appliances, fixtures, and utilities to ensure they are still in working order.
Cleanliness Check: Verify the property has been cleaned to the standard agreed upon in the lease (often requiring professional cleaning).
Final Utility Readings: Record the exact final readings from all meters.
Review and Sign: Discuss all findings with the tenant. Complete a new Acta de Recepción Final (Final Acceptance Act) or an addendum to the original Acta de Entrega, detailing all discrepancies. Both parties must sign and date every page. This document should also have its signatures legalized by a Notario Público.
Collect Keys: Collect all sets of keys and any access fobs or remote controls.

Move-Out Inspection Checklist (Focus on Changes)

Use the same room-by-room structure as the move-in checklist, but the objective is to identify and document changes from the baseline.

General Condition: New holes, scuffs, unauthorized paint colors, excessive dirt.
Damage Assessment: Scratches, dents, broken items, missing components compared to inventory.
Cleanliness: Dust, grime, stains, appliance cleanliness (inside/out).
Functionality: Any non-working appliances, lights, faucets that were functional at move-in.
Modifications: Unauthorized alterations made by the tenant.
Personal Belongings: Ensure all tenant items are removed.
Trash: Property is free of trash.
Final Meter Readings: Record all utility meters (SEAL, SEDAPAR, gas).

Local Context and Warnings for Arequipa

Investing in Arequipa offers unique advantages, but also requires specific awareness of local procedures and legal nuances.

Notarization is Non-Negotiable: For both the lease agreement (Contrato de Arrendamiento) and your Actas de Entrega y Recepción de Inmueble (for move-in and move-out), the legalization of signatures by a Notario Público is not merely a suggestion; it's a foundational step that grants these documents significant legal weight and authenticity in Peru. This is your primary defense in potential disputes and is essential for enforcing contract terms.
Security Deposits (Garantía): Peruvian law typically allows for one to two months' rent as a security deposit. This deposit is intended to cover damages beyond normal wear and tear and unpaid utilities. Without comprehensive, notarized move-in/move-out documentation (the Actas with corresponding photos/videos), legally justifying deductions for damages is exceedingly difficult, and a tenant can easily demand the full return of their garantía.
S.U.N.A.R.P. Registration: While ownership of your predio (property) is registered with S.U.N.A.R.P. (National Superintendency of Public Registries), standard private residential lease agreements are not typically registered there. However, for long-term or high-value leases, registering the lease with SUNARP, often as a escritura pública (public deed), can provide additional legal protection, particularly against non-payment or to facilitate expedited eviction processes. Your notary can advise if this step is beneficial for your specific situation.
Utility Bill Management in Arequipa:
- SEAL (Electricity) & SEDAPAR (Water): It is critical to ensure that all utility bills are paid up to the point of tenant occupancy and that final bills are settled upon move-out. Many landlords in Arequipa opt to keep utility accounts in their own name and have the tenant reimburse them monthly. This helps avoid issues with unpaid bills, which legally accrue to the property owner. Always clearly define utility responsibilities in your lease.
- Internet/Cable/Gas (e.g., Calidda in some areas of Peru): Be equally clear in your lease regarding responsibility for these services and their payment.
Historic Properties in Arequipa's UNESCO Historic Center: If your rental property is within Arequipa's Historic Center (recognized for its sillar architecture), be aware of strict regulations from the Municipalidad Provincial de Arequipa and the Ministerio de Cultura. Any significant modifications or repairs, even internal, may require special permits and strict adherence to specific architectural guidelines. Documenting the property's condition in these unique cases is even more critical to avoid issues related to unauthorized alterations by tenants.
"Desalojo Express" (Expedited Eviction Law): Peru's Law No. 30913 (Ley que regula el procedimiento especial de desalojo con intervención notarial) provides a faster eviction process for non-payment of rent or expiration of the lease, but only if the lease agreement is notarized (specifically, with legalized signatures or as a public deed) and includes explicit "express eviction clauses" (cláusulas de allanamiento futuro or cláusulas de desalojo expreso) that clearly state the tenant's agreement to submit to expedited eviction. While inspection documentation primarily aids in security deposit disputes, having a legally robust lease with these clauses is your first line of defense against prolonged tenancy issues.

Handling Disputes & Security Deposit Deductions

Should discrepancies arise during the move-out inspection, approach the situation professionally and legally:

Communicate Clearly: Present your findings calmly and clearly to the tenant, referring directly to the signed Acta de Entrega y Recepción de Inmueble and your comprehensive visual evidence.
Provide Evidence: Show the tenant the photos/videos documenting the new damages or cleanliness issues, directly comparing them to your move-in documentation. This visual comparison is extremely powerful.
Outline Costs: Provide itemized estimates or official invoices for repairs, cleaning, or replacement of missing items, if applicable.
Peruvian Legal Tendency: Be acutely aware that in Peru, courts and authorities often lean towards the tenant if the landlord's documentation is insufficient, ambiguous, or not properly legalized. Your comprehensive, notarized Actas are paramount in overcoming this tendency.
Mediation: If an amicable agreement cannot be reached, consider seeking mediation through a local legal professional or specialized real estate attorney before escalating to formal litigation.

Conclusion

For foreign investors and expats managing rental properties in Arequipa, diligent move-in and move-out inspections are not optional; they are a fundamental pillar of sound property management and essential legal protection. By following these detailed checklists, prioritizing official, notarized documentation, and understanding Arequipa's specific legal and logistical context, you can safeguard your investment, minimize disputes, and ensure a professional, transparent, and legally compliant tenancy experience in the White City.

⚠️ Legal Notice: Consult a Local Lawyer. The information provided in this article is for general informational purposes only and does not constitute legal advice. Peruvian real estate law is complex and subject to change. It is imperative that you consult with a qualified, licensed Peruvian real estate attorney or legal professional in Arequipa to discuss your specific circumstances and ensure full compliance with all applicable laws and regulations.

Ready to navigate Arequipa's rental market with confidence? Visit ArequipaRealEstate.com for expert guidance and local insights tailored to your investment needs.