When does the 72 Hour Deadline for a Move Out Inspection Begin?

Our leases end at 5pm. The Virginia Residential Landlord Tenant Act (VRLTA) requires the Move Out Inspection to be completed within 72 hours from delivery of possession.  Delivery of possession means returning dwelling unit keys to the landlord and vacating the premises. So, the deadline would be 5pm on the 3rd calendar day after delivery of possession.

Normal Lease End Date

The Move Out Inspection Needs to be Completed within 72 hours of the Lease End Date. In some cases, tenants may be ready for inspection early. In those cases, we should reschedule the Move Out Inspection to occur earlier than the Lease End Date (within 72 hours of the date tenant says they will be out and ready for inspection). This avoids any potential disagreements over whether or not the inspection was complete by the deadline.

However, if the tenant provides us short notice that they will be out early, it may not always be possible for us to adjust the date of the Move Out inspection. In these cases, the tenant will have paid rent through the Lease End Date and remain responsible for the utilities and care of the property so the fact that they are leaving a few days early and leaving the keys in the property does not constitute surrendering possession and it is permissible to stick to the originally scheduled Move Out inspection date. (Note: If they drive to the office and deliver the keys to us, then that likely would constitute delivery of possession and we would need to inspect within 72 hours.)

Early Lease Termination or Abandonment

If there is a Lease Termination Agreement, that agreement should specify the date the tenant will deliver possession. This date may be earlier the date through which they remain financially responsible for rent and utilities. (Typically, the tenant owes for rent through the date a new lease begins.) In these cases, the Move Out Inspection need to be completed within 72 hours of when possession is delivered.

It can be difficult to determine when a property has been abandoned. These cases will involve a member of management ensuring we have complied with the VRLTA § 55.1-1249. Remedies for absence, nonuse, and abandonment. In cases where it has been determined a property has been abandoned, the Move Out Inspection must occur within 72 hours of that date.

Holdover Tenant

If the tenant does not vacate the property by the Lease End Date, they very clearly have not delivered possession. In these cases, the Move Out Inspection must be complete within 72 hours of the time the tenant do in fact deliver possession by both vacating the premises and returning the keys.