Can a landlord hold a final walk-through without a tenant being present?

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Can a landlord hold a final walk-through without a tenant being present?

Asked on October 16, 2012 under Real Estate Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If a landlord holds a walkthrough without you, he or she cannot reasonably hold your security deposit even for repairs or cleaning costs because there is no proof you were present for the final proof of damage, to which both of you would be witnesses. This would be your affirmative defense in case the landlord chooses to take action against you for monies owed. This would be your claim should you decide to take action against your landlord for monies owed you.


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