Q: Concerning Move Out Inspection, the VRLTA states the landlord will notify the tenant of move out inspection times which
Will occur within 72 hrs of termination of vacancy. My landlord wants to schedule this 9 days later as she is out of town even though I notified her 1 1/2 months ago. What are my options? Can she keep my security deposit or portions of it? The house is immaculate but she’ll find something just to keep it.
A:
I think the lease provision regarding a move-out inspection to which you refer states the following:
34. MOVE-OUT INSPECTION. Tenant has the right to be present at the inspection. Landlord, within five (5) days of receipt of Notice of the Tenant’s intent to vacate the Premises, shall make a reasonable effort to advise Tenant in writing of the right to be present at Landlord’s move-out inspection of the Premises, which will take place within 72 hours after Tenant’s departure. Tenant shall advise Landlord in writing of the intent to be present at the inspection. If Tenant fails to make such a request Landlord will proceed to do the move-out inspection without Tenant being present.
The provision allows for "a reasonable effort for the Tenant to be present at the Landlord's move-out inspection...within 72 hours after Tenant's departure." It does not make it mandatory by using the words "shall take place" rather than "will take place."
In addition, if the Tenant is not at the move-out inspection, the Landlord has the right to proceed to do the inspection without the Tenant being present. Thus, you can work out some compromise with the Landlord about the inspection date or take a lot of pictures that will show the condition of the premises on the day you return possession of the premises to the Landlord as proof of its condition, just in case a dispute arises.
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