Arlington, VA asked in Landlord - Tenant for Virginia

Q: I moved into a house that hasn't had a move-in/out inspect for 5 yrs. Am I be liable for damages from before I moved in?

I have 1 roommate who has stayed in this house since 5 years ago, and me and another tenant moved in to replace her old roommates. The management company has not done a move-in or out inspection because they only do it if every tenant on the lease vacates the property. The security deposits have also been handled by us, informally, while the landlord continues to hold the same lump sum of money from 5 years ago. If everyone vacates the property at the end of this lease, and a move-out inspection is done, would I be liable for damages that they find on the property from before I moved in? There was no move-in inspection conducted either.

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: The answer to your question depends on how the landlord will act at the time you end the lease and move out. Without evidence of the condition of the premises on the day you moved in, it will be impossible to establish the condition of the premises on that date. Therefore, it will be impossible to prove what was damaged or not damaged. However, a landlord may claim damages and claim you are liable for those damages. You will have to go to court to challenge the landlord in that case if you decide that you want your security deposit back.

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