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.

How do I rent out my house?

Do you need to move in a hurry? Maybe you have a new job and you need to relocate? Many people come in to our office asking how to rent out their house and to do it safely. Renting out your house can be especially terrifying if you are thinking of coming back to the house as your primary residence in the future. I have heard lots of horror stories of coming back to a trashed house and incurring a lot of clean up bills.

So how do you safely rent out your house?

Check your local permitting requirements before renting our your house. The first thing you need to do is to make sure there are not permitting requirements for where you live before renting out your house. There may be zoning restrictions or use restrictions that prevent what you are allowed to use your house for. Or maybe you live in a Homeowner’s Association that places restrictions on leasing out your house. Either way, you do not want to be in a scenario where you rent out your house and get a notice that you are in violation of some law. If this happens, you may be out all the rent money that your tenant paid if they get kicked out. You may also owe money to the city or county you live in. A good real estate lawyer knows the local zoning and use restrictions and can make sure you are compliant with local laws.

Make sure you get insurance before renting out your house. Things happen. Fire, flooding, and criminal activity are a few examples of things you may not see coming. The best thing to do before renting out your house is to make sure your homeowner’s insurance covers renters. That way if things go south you can reach out to your insurance company to get the house back in shape. You can also turn to your insurance company if the tenants are complaining and you do not have the money to make repairs. For example, you are required to keep working heating and cooling for your tenants. If your AC breaks you may need to have your homeowner’s insurance pay for the repairs. Talk to your insurance company to make sure you have the right insurance to cover any issues that come up.

Work with a property management company. A property management company is a company who specializes in managing rental properties for home owners. These companies are familiar with local rules and regulations and can make sure you are fully compliant and not getting sued by your tenants. They can also remove a lot of anxiety associated with renters as they will be the ones answering complaints and making repairs. The only downside of a property management company is they may take a portion of the rent money to manage the property for you. This is still a great investment as you no longer have to deal with the tenants. They can also help with the eviction process if a tenant is not paying rent.

Thoroughly vet your prospective tenants. If you want to be a landlord you need to make sure the people you are renting to will not damage your property or run off with something. Vetting your tenants is an important part of the rental process. You can potentially run background checks or check court records to see if your prospective tenants have been sued by prior landlords. This is also something that your property management company can help with. Property management companies usually have experience running these checks and can tell you if your prospective tenant is a trouble tenant.

Get a good lease. First and foremost, you need a lease agreement. A lease agreement is a contract between you and the tenant which outlines who is responsible for what utilities and maintenance of the property. A good lease agreement will make sure that the tenant continues to maintain the property while you are gone. The last thing you want is a citation for trash collection or inoperable vehicles on the property. Setting expectations in writing can also protect you in court if you need to go after a tenant for damages. A lease agreement can allow you to recover the cost it takes to go to court and can prevent unwarranted law suits. Having a real estate lawyer can help you make sure you have the best possible lease for your scenario. Your lease agreement can also require the tenant to have renter’s insurance to cover any unforeseen issues.

Check in with your tenants. Occassionaly checking in with your tenants, although not required by law, can help in the long run. If your goal is to keep a good tenant in the property and not have to run a background check every year, checking in with your tenants with a letter can be helpful. It can also encourage conversation if there are needed repairs.

Talk to a real estate lawyer. Finally, make sure you know a local real estate lawyer. They can help if you need to handle the eviction and advise you as issues with your tenant comes up. If your tenant skips town or damages the property your real estate lawyer can also help you go after the tenant.

What does a home seller have to disclose when I am buying a house?

Have you just bought a new house and discovered something that was not disclosed during the home buying process? Maybe you find out that there is radon in the basement and the prior owner never told you. These kinds of hidden defects can be dangerous for you and your family.

Most people try to avoid these issues by hiring a home inspector during their house hunt. However, a home inspector might miss something. Worst case scenario, you may be stuck in court fighting about massive repairs. Regardless of the reason, you may be entitled to file a lawsuit if you are stuck in a fight with the prior home owner of something they did not disclose or lied about.

What kinds of things is the prior owner required to disclose? There are a lot of moving pieces and documentation in a home purchase. When you went to closing you had probably signed a purchase contract and a deed. A purchase contract usually outlines the responsibilities of the prior owner with respect to disclosures.

There are a lot of things that a normal person would not be able to find just by looking around the house. Because these kinds of issues can be hidden, the Virginia General Assembly passed the Virginia Residential Property Disclosures Act. Now that this law has been passed, homeowners have to make clear either that they are making disclosures of the existence of certain problems or that they make no representations. If you see in your purchase contract that the homeowner “makes no disclosures” then you need to be extremely careful about your due diligence and have thorough inspections performed prior to closing.

Some of the things that have to be listed in the purchase contract include:

1. Condition of the property or any necessary improvements;

2. Zoning for neighboring properties;

3. Historic district status;

4. Whether the property is in a resource protection area;

5. Registered sex offenders in the area;

6. Whether there is a risk of dam breaking nearby;

7. Waste water systems;

8. Solar energy systems;

9. Flood zone areas;

10. Easements and conservations;

11. Community development authorities;

12. Marine clay;

13. Radon gas zones;

14. Defective drywall;

15. Lead pips.

If you do not receive these required disclosures at the time everyone signs the contract there is a brief period of time that you can potentially rescind the purchase agreement prior to closing. If you do not address these issues prior to closing you run into much bigger problems.

What happens if the prior owner lied in the disclosures and mislead you? Although it rarely comes up because most homeowners elect to list the property without statements as to these conditions, occasionally you have cases where the prior owner straight up lied and you don’t find out until much later. For example, the home owner may have known about radon gas problems and covered the issue up.

There are many different theories that you could pursue a lawsuit against such a seller. For example, the Virginia Residential Property Disclosures Act allows you to file lawsuit for the difference in value of the property you thought you were getting versus the price you paid. If the property is worth far less with the new defect you could recover the difference from the old seller.

There are other laws such as the Virginia Consumer Protection Act that may allow you to triple those damages in court if you can prove that the owner intentionally lied or covered up the defect. For example, if the homeowner interfered with radon testing knowing there was a prior radon test and never disclosed it by leaving doors and windows open during your test that could result in a claim under the Virginia Consumer Protection Act.

How long do I have to file a lawsuit? Virginia law allows for a one (1) year period of time to bring a lawsuit from when you buy the house. You need to make sure that if you discover something is wrong you need to immediately contact a real estate lawyer to discuss your rights.

How does the home buying process work in Virginia?

Buying or selling a house can be a stressful process. It does not matter if you are a seasoned real estate veteran or a first time home buyer. The process of buying a home can feel overwhelming. You also need to be aware of how to protect yourself from shady sellers that are just out there to get a quick dollar. If you aren’t careful when buying a home, you may end up with massive repair bills or even a lawsuit from other people that had an undisclosed interest in the property.

So how does the home buying process work in Virginia and what should you do to protect yourself?

Working with a real estate agent. One of the best ways to protect yourself when buying a home is to find a reputable, licensed real estate agent and to avoid for sale by owner situations. A licensed real estate agent has been authorized by the Commonwealth of Virginia to help walk you through the homebuying process. They can offer advice about how to make an offer on a property, how to protect yourself with contingencies in your agreement, and how to get through the financing process.

When trying to find a licensed real estate agent, it may be tempting to ask for recommendations from friends or family members. While this is a good idea to get an initial list, you should also check on what agency the real estate agent works for and confirm there are no issues with their licensure. You can look up a real estate agent and their license status by going to the Department of Professional and Occupational Regulation’s website here. You also want to look at your regional association of realtors to see if the real estate agent works with them. A good resource to check on a real estate agent is found here.

Get financed and have your down payment ready. Given interest rates and inflation, it is getting increasingly difficult to be a cash buyer. If you are looking for a home, you are likely going to need financing. It is important that you get financing before you start looking at houses. The housing market moves quickly due to lack of inventory and you do not want to lose out on a house because you did not have your financing ready. You should reach out to a reputable, local bank to discuss lending options. Your real estate agent can also point you in the right direction if you qualify for a VA loan as a military member. Either way, make sure you get your financing ready before looking at houses.

How to find the perfect house. If you chose a good real estate agent then they will likely provide you with access to a resource known as the multiple listing service (MLS). Listings that are found through the MLS are typically listed through a brokerage firm or real estate agent that is representing the seller’s side of things. It is a good resource because it avoids houses that are for sale by owner, which is something you want to avoid at all costs unless you are a real estate veteran. Those kinds of sales can have potential hidden problems. After you have selected a few listings through the MLS, your real estate agent will schedule you a viewing of the property.

What should you look out at the viewing? The next step in the process is the fun part, looking at houses. You can start to narrow down the types of houses that you are interested in by location, amenities and style. Your real estate agent will be invaluable for providing ideas about how best to utilize the space. The initial viewing should be focused on getting a feel for if you are interested in the house.

How do I make sure the house I want is safe? After you have viewed several houses and narrow the houses down to one or two that you are interested in you may start to consider putting in an offer. This can be the scariest time, as if your offer is accepted then you will be heading into closing and moving into your new home. That new home may come with problems that you want to avoid such as radon gas, hidden repairs, or potential lawsuits. Your real estate agent can prepare an offer on the house with contingencies that allow you to make sure that the house is safe and you can back out of the purchase if something comes up. That stage in the process is known as “due diligence.”

During the due diligence period there are a few things you will want to look at and your real estate agent can help you with. You will want to look at;

1) Getting a home inspector into the house. A good home inspector can give you a general idea as to the last time the roof was replaced, if there are any obvious structural issues with the house, whether there are any signs of water or pest intrusion, or if there are any major electrical problems. If you chose a good real estate agent by going through the right channels, your real estate agent will have home inspectors to recommend you. As with the real estate agent, check the home inspector’s license status and reviews online.

2) Checking the title. You want to make sure there is not anyone who is going to file a lawsuit a few months down the road claiming that your purchase was not valid. You will want to have a “prior owner” title search conducted to make sure that there are no hidden problems. Your real estate agent can recommend you a title search company to do that work. They will go down to the courthouse and make sure there are no hidden issues. If they ask you if you want title insurance, the answer is yes. Absolutely. Just in case something comes up.

3) Talking to the neighbors. Location is an important part of any home purchase. You want to make sure the neighborhood is one that you feel like you belong in. If you are outgoing, consider talking to the neighbors and get a feel for the neighborhood. The last thing you want is a bad neighbor.

4) Look at the local zoning laws. The city you want to live in probably has rules for what the house can be used for and what the buildings around you can be used for. This is known as “zoning.” There are different types of zoning from residential to commercial. Residential zoning can be split up based upon the population density allowed. If you are looking to live in an area that only has single family homes you need to make sure it is not in a medium or high density residential zoning area.

Either way, after you have checked the title and confirmed whether there are any repairs needed, you may need to amend the offer to reflect the cost of any of the issues that came up during this process. It is okay to stick up for your rights. If something comes up and you don’t feel comfortable buying the house, don’t.

What happens at closing? So you got through the inspections and still want to buy the house. The final step in the process is the closing. Closing is where you sign all the necessary documents and get the keys. The closing can happen pretty quickly if you agree to that with the previous owner. Either way, congratulations on your new house and hopefully this basic guide helps you through the process.

What Should I Do If My Neighbor’s Dog Destroys My Yard?

Destroyed flower beds. Holes in fences. Patchy grass due to urination. I have heard a lot of stories about how someone else’s dog can ruin your landscaping. It is not uncommon to have your neighbor’s dog or a someone’s dog that goes on walks in your neighborhood come onto your lawn and damage your hard work. So what do you do when a dog damages your landscaping?

What are my rights when a dog damages my landscaping? Someone coming onto your property and damaging your property can give rise to a number of different types of lawsuits depending on how things played out and out frequently it happens. The most common type of lawsuit we see for damage to your yard is either trespass or conversion.

Trespass is best thought of as someone coming onto your property and damaging (but not destroying) your property. Think if your neighbor’s dog burrowed under your fence and chipped the fence but did not damage the footing. That is a good example of trespass.

Conversion on the other hand is the more serious version. Conversion is generally thought of as if the neighbor’s dog came onto your property, grabbed a lawn ornament, and ran off and buried it in your neighbor’s yard. If the item is completely lost or destroyed, you may be better of seeking a claim for conversion.

Am I entitled to money if my neighbor’s dog damages my property? A dog owner is required in Virginia to exercise reasonable care in making sure their dog is properly supervised to manage any danger they may pose to other people. Butler v. Frieden, 208 Va. 352 (1967). The most common scenario this happens is in dog bite cases. However, an owner’s liability is not limited to just dog bites. If a dog is known to steal chickens, the owner can be liable if they allow the dog to roam around killing chickens. Similarly, if a dog is known to destroy flower beds, the owner better be keeping a close eye on that dog or they could be held responsible.

Whether the owner is going to be responsible is going to depend on the dog’s history and the actions the owner is taking to supervise the dog. If the dog has no history of damaging property, it may be more difficult to pursue a claim against the owner.

What do I do to protect my property from dogs? The best thing you can do to minimize the impact of dogs or other animals is to have a good homeowner’s or renter’s insurance. A good insurance policy will cover scenarios that aren’t covered above. Maybe the dog has no history of causing damage and the owner had no idea the damage would happen. Either way, insurance can protect from scenarios where the owner may not be responsible for what happened.