Does a new Landlord Have to Honor the Walk Through Inspection of the Former Landlord?

Full question:

I am in a month-to-month lease. Recently, the owner of the property transferred the rental from one rental management company(A) to another(B). Within days, I found another rental(C) and gave the new rental management company(B) a 30 day notice of intent to vacate the property. My concern is that the new rental management company is known to have stricter guidelines in the 'Walk Thru' process. The place was rented to me in poor condition as was noted in the initial walk through by company A, but the new rental company(B) expects it back in perfect condition. I am anticipating I will have to fight for every dollar of my security deposit based on their checklist and fees for various repair services, painting, carpet cleaning, storm door replacement, fence repair, etc. What are my legal rights in this case? I never signed a lease with the new rental company(B) They have already harassed me over the weekend regarding this month rent check, which Rental company(A) had not transferred over to the new company(B) yet. They also insist that I do the exit walk thru early in the month and return the keys even though I am paid thru the end of the month. Again, what are my rights in this case? Does the new rental company have to abide by the initial walk thru done by company A? If there are additional disputes between me and company B regarding the condition of certain things in the rental can I legally have company A verify it to have been in poor condition and does company B have to honor their word?

• Category: Landlord Tenant
• Subcategory: Lease Violation
• Date: 04/07/2025
• State: Wyoming

Answer:

Yes, the initial walk-through report will be enforceable against the new landlord. Tenants have the right to privacy within their dwellings. However, landlords may enter with reasonable prior notice and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without prior notice of tenant’s consent. A landlord may not abuse the limited right of entry or use it to harass a tenant. A landlord cannot deny you access to the apartment during the rental period for which you have the right to possession of the premises.

Reasonable wear and tear is a term often found in leases to limit the tenant's responsibility to repair or repaint the premises upon leaving. In general, the longer the time of tenancy, the more wear and tear can be expected. Litigation dealing with reasonable wear and tear between landlord and tenant occurs most often when there is a deposit for any damages "beyond reasonable wear and tear." Reasonable wear and tear is generally defined as unavoidable deterioration in the dwelling and its fixtures resulting from normal use. For example, carpet wear due to normal traffic is wear and tear, while a cigarette burn is avoidable and constitutes damages.

What amounts to reasonable wear and tear must be judged bearing in mind the purposes for which the premises were leased and the nature of the tenant's business. Wear and tear can be defined to different degrees according to the state of residence. There tends to be a great deal of ambiguity and subjectivity in this area. Normal for one individual can and will be vastly different from another individuals perception of normal.

State statutes do not define normal or reasonable wear and tear. Typically, a landlord is responsible for putting a fresh coat of paint on an apartment before reletting the premises. Broom swept generally means free of debris. Often, a lease will specify that an apartment must be cleaned as well as broom swept, or else cleaning charges may be incurred. If the move out procedures are vague, it will be a matter of subjective determination for the court, based on all the facts and circumstances involved.

It is possible you can have the previous company subpoenaed to testify or provide records as to the move-in condition, but the issue may become a matter of one person's word against the other's. It is recommended for a tenant to take pictures of the defects and note the same on the inspection report upon moving in to prevent future disputes.