By Reyna Echenique,
Special to El Inmobiliario
“I don’t remember that damage being there when I moved in” or “Everything was perfect when I handed over the property” are recurring phrases that reflect the ambiguity and subjectivity that can arise when ending a rental agreement. The systematic implementation of a key handover document, both at the beginning and end of the lease, is a fundamental tool for eliminating these gray areas and establishing a transparent process that benefits all parties involved.
The formalization of a key moment
The handover of keys represents much more than a simple formality; it symbolizes the temporary transfer of rights to a property. This crucial moment must be documented with the same rigor as the main contract. The key handover document serves as a "certificate of status" that protects both the owner and the tenant, establishing an objective benchmark for future comparisons.
While Dominican law does not specifically regulate this document, it implicitly recognizes its validity as evidence in potential litigation related to the property's state of repair. Its systematic implementation represents a natural evolution toward higher professional standards in our sector.
Essential structure and content
An effective key handover document must include, at a minimum:
- Full identification of the parties and the property
- Exact date and time of delivery/receipt
- Detailed inventory of fixed and mobile items
- Record of the state of conservation of each space
- Meter readings (water, electricity, gas)
- Photographic record dated and signed by both parties
- Space for specific observations
- Signatures of all those involved in the presence of witnesses
Including a photographic appendix is particularly valuable, allowing for the visual documentation of details that might be overlooked in a written description. These images must be digitally dated and acknowledged by signature in the main document.
The complete cycle: beginning and end
At the start of the contract
The process must begin before the property is actually occupied. The owner or their authorized representative will walk through the property with the prospective tenant, meticulously documenting its condition. Every space must be thoroughly inspected, noting even minor imperfections that might seem insignificant at the time.
This initial document, signed by both parties, establishes the "baseline" against which the condition of the property will be compared at the end of the contract. Its importance lies in eliminating ambiguities and protecting both parties from unfounded claims later on.
At the end of the contract
The final inspection follows a similar protocol, but with a comparative approach. Each item is compared to its initial state, documenting any significant differences. This is precisely the strength of the system: the objectivity provided by a documented reference point previously accepted by both parties.
In the event that damages attributable to the tenant are identified that exceed normal wear and tear, this document allows two ways to resolve the issue:
- The tenant may choose to carry out the repairs themselves, hiring qualified professionals to return the property to its original condition.
- Alternatively, you can agree to have the landlord handle these repairs by withholding a proportional amount of the deposit.
In this second scenario, it is essential to attach detailed estimates for the necessary repairs, ideally from several providers to ensure fair costs. These estimates must be signed by the tenant, thereby acknowledging the need for and approximate cost of the work.
Benefits for all parties
For the owner, this document provides legal security and minimizes the risk of disputes regarding the property's original condition. For the tenant, it represents a guarantee against unjustified claims and ensures the fair return of their deposit. For the real estate agent, it constitutes a professional tool that enhances the quality of their service and significantly reduces friction at closing.
Technology as an ally
The current market offers a variety of technological solutions that transform traditional real estate documentation into efficient digital processes. Applications like Inspectify Home Inspection and Property Inspection Manager allow users to create digital reports with automatically dated photos, certified electronic signatures, and secure cloud storage. For professionals and agencies with limited resources, the combination of Google Forms, Google Photos, and DocuSign offers a cost-effective yet equally efficient alternative, transforming a traditionally cumbersome process into a streamlined and professional one, accessible from any mobile device.
The key handover document represents much more than a simple administrative procedure; it constitutes a tangible commitment to transparency and professionalism. Its systematic implementation not only prevents conflicts but also significantly enhances the experience for all parties involved in the rental process.
As real estate professionals committed to excellence, we have a responsibility to promote these good practices which, although they may require additional effort initially, generate exponential benefits in terms of trust and long-term satisfaction.
This article is part of the series 'Good Real Estate Practices in the Dominican Republic'.
The author is a real estate lawyer, real estate entrepreneur, CEO of Echenique Group, coach, trainer and speaker certified by John Maxwell and Tania Báez, Secretary of the Board of Directors AEI 2024-2026, realtor specializing in the Dominican and international real estate sector.
