Move-In and Move-Out Inspections in Virginia: Five Things To Look Out For
A lot of money is on the line when you are renting. Most places you rent from will have a security deposit. The security deposit is supposed to be used to cover the expenses a landlord has when a tenant does not do what they are supposed to under a lease agreement. Maybe that is failure to pay rent or damaging the property. In either of those scenarios, your security deposit may be taken away by the landlord. One of your rights as a renter is to make sure that the landlord documents all the possible items that need to be repaired at the start of your lease and what their condition is at the end of the lease. That way your landlord cannot charge you for something that you did not do. That is where move-in and move-out inspections come in to play. So here are five things you need to be aware of about these inspections.
1) You should insist on being present at the inspection: You need to make sure that you are keeping your landlord honest when it comes to the move-in and move-out inspections. You do not want to be on the hook for damage that was done by a prior tenant. Make sure that you ask to be notified of the move-in inspection so that you can be present and document any issues with the property ahead of time. That way if there is a dispute down the road you can have your own photos or videos of any issues.
You should also make sure to clearly document any issues ahead of time and make a written record of those issues. If there are scuffs on the walls or floors make sure you take a photo of those and report them in an email or in writing around the same time as the inspection.
If you are moving out of a rental property your landlord is legally required to make sure to give you notice of the move-out inspection so you can be present. Failure to provide you with notice of the move-out inspection date can result in any evidence the landlord tries to introduce down the road of being thrown out by the judge. You absolutely should be present at the move-out inspection to take your own photos of the condition of the property. That way if something happens to the property after you move-out it won’t be your problem. If you want to be present at the move-out inspection, you need to deliver a notice in writing to your landlord to make sure there is a paper trail.
2) The landlord is required to give you the inspection report: After you move-in, your landlord only has a few days to provide you with a copy of the move-in inspection. For move-in inspections, the landlord needs to provide you with a copy within five (5) days. For move-out inspections, the landlord must provide you with an itemized list of any damages within either thirty (30) or forty-five (45) days, depending on the circumstances. This gives you an opportunity to contest the inspection report. If it is a move-in inspection report and something is left out, you need to immediately send a written object to your landlord pointing out what was left off.
3) What to bring to the inspection: You should make sure to have a camera with you to take both photos and videos. It is also a good idea to bring a notepad to take notes about any issues. Make sure you clearly document any issues at the time so you can follow up with an email afterwards outlining what you observed. You may also want to consider bringing a close friend or family member with you to the inspection to make sure you have someone to back you up in Court if the landlord tries to say that you are lying about the condition of the property.
4) You have the right to file a lawsuit if the landlord lies: If your landlord lies on the inspection report and tries to take money they are not entitled to, then you have the ability to file a lawsuit known as a tenant’s assertion. This is a lawsuit that can permit you to require the security deposit to be returned if the landlord is trying to withhold the security deposit. The tenant’s assertion is filed in the General District Court. You can find a sample of the tenant’s assertion here.
5) The landlord can set the terms and conditions of the inspection in the lease. The last thing to keep in mind is that there can be instructions on how the inspections will be handled in the lease. You have to carefully read your lease to make sure that you are always following your lease. When you decide to rent a property, always read the lease agreement to see what your obligations are. If you do not follow the lease agreement, you may be out of luck. Make sure you carefully read how notices are to be sent to your landlord. If the lease agreement requires email, email the notices. If it is first-class mail, send it by first-class mail.