Security Deposit Landlord Taking Entire Security Deposit

kurojushi

New Member
Jurisdiction
Virginia
I recently moved out of a townhome which I was renting from an individual who owns the house. After living in it for 2 years, there was some reasonable wear and tear. When we moved in, we gave the landlord a $2300 security deposit plus a $500 pet deposit, both were refundable. While we were moving out, we were unable to actually clean the house and the carpet, so we gave him an additional $500 check to pay for the house cleaning. After moving out, he is charging us for the following:
$320 for house cleaning.
$320 for carpet cleaning.
$50 for flea/deodorizing.
$682 wall/molding repairs and painting.
$1600 hardwood floor restoration.
$250 yard work done by himself and his family.
This leaves $78 to be returned to us.

Here are the facts -
It took over 60 days before the landlord got in contact with us concerning the security deposit, in VA they have 45 days to return the deposit, plus 15 days if they contact us in the mean-time if repairs will take a while.
The house cleaning costs are fine, I'm not contesting those. Specifically the $320+$320+$50.
The hardwood floor had lots of tiny surface scratches on it from our dog walking on it (not digging or scratching at it, just walking). This is the biggest issue. While we were moving out, a contractor came to estimate the repairs and quoted us at $1763. When we asked for a receipt from the landlord, he simply sent us that exact estimate, and when I contacted the contractor, he said he didn't do the job. I strongly believe that the landlord didn't actually do the repairs at all and is charging us based on the estimate. Even then, I believe the damages are reasonable wear and tear, as we did not abuse or neglect the floor, it is a very soft wood and he gave us permission to have the dog in the house, and did not explicitly tell us not to let the dog on the wood.
The yard work was done after we moved out by the landlord and his family. He did not hire anyone to do it, and the $250 is an arbitrary amount that he is charging for his labor costs.
The wall repairs are for the following (quote from the landlord, no invoice was given):
"a) Kitchen walls paint, corner repair (deep scratch) : $150
b) Foyer walls paint to door high - $250
c) 2nd floor all three bedrooms touch up - $250
d) Paint : 3 GL - $82.53"
The first charge of $150 sounds fine, our dog chewed up part of the molding and that was our fault. The other 2 $250 charges are simply to repaint the walls in the foyer and the 3 upstairs bedrooms, which were dirty but there was no actual damage (there were a few scratches in the paint like pencil marks or the mark metal makes when scratched on paint, but all was surface level, no indent into the wall).

I have a few questions, but it mainly comes down to what should I get back, do I have any leverage, and what options do I have here? My plan was to contest the alleged floor repair ($1600), the painting ($500), and the yard work ($250) and be ok with the $690 worth of cleaning and the $232.53 of wall repairs. I also know that Virginia has a 45 day return policy, so does that mean I don't have to contest anything and he owes me the entire amount (I understand if the $500 on move out was in good faith and don't expect that back in any way)? Also, is a landlord allowed to charge for repairs he doesn't actually get done, for all we know he could not repair it ever even if he says he will eventually?
Thanks and hopefully someone can help! aforum.freeadvice.com_images_smilies_smile.gif
 
You can take the LL to court and try to convince a judge why you believe you're owed more than the few dollars you received.

Despite what the law might say about time limits, only a judge can decide the LL owes you more money and issue a judgment saying you're owed $1,500 by the LL.

That doesn't end it.

You'll then be forced to attempt to do what few plaintiffs ever do, collect on the judgment.

It isn't as easy as it appears to be on Judge Judy.
 
At this point, I would rather not go to court, and would prefer to simply inform my landlord of the law and hope that he pays me a roughly appropriate amount of my deposit back instead of going through the legal system. That being said, I think I have pretty good case to make at this point.

As for adjusterjack:
My lease states the following -
"Within 45 days after the termination of the tenancy and Tenant's vacating the Premises, Landlord shall return Security Deposit to Tenant, less any deductions, provided Tenant has performed all obligations under Lease, returned all keys, passes and documents, and surrendered the Premises in the same condition as at the beginning of Lease Term, except for reasonable wear and tear. Within 30 days after termination of the tenancy and Tenant's vacating the Premises, Landlord shall provide an itemized statement of estimated deductions to be charged against Security Deposit. Unless proof of payment of final utility bills has been provided to Landlord, a minimum of $100.00 may be withheld from Security Deposit to pay any unpaid utility bills."

So based on that information, I believe that regardless of whether the law states that he does not have to following the landlord tenant statute, it says in the lease, so he is still legally obligated to give my deposit back within 45 days.
 
So based on that information, I believe that regardless of whether the law states that he does not have to following the landlord tenant statute, it says in the lease, so he is still legally obligated to give my deposit back within 45 days.

You're right. He has breached the contract. Trouble is, there is no penalty in the contract for the delay so all you can do is dispute the charges as best as you can.

At this point, I would rather not go to court, and would prefer to simply inform my landlord of the law and hope that he pays me a roughly appropriate amount of my deposit back instead of going through the legal system. That being said, I think I have pretty good case to make at this point.

You are free to make your case with him but he has your money and no incentive to change his mind if you are not willing and able to go to court.
 
So he breached the contract, but since it doesn't have a penalty, we can take it to court but it's not immediately obvious what will happen from that? It certainly is leverage in my favor, but can I use it to inform him that he owes me the entire amount back? I don't want to go to court if I don't have to, but he doesn't need to know that.
 
So he breached the contract, but since it doesn't have a penalty, we can take it to court but it's not immediately obvious what will happen from that? It certainly is leverage in my favor,

Not really.

but can I use it to inform him that he owes me the entire amount back?

Sure. You can "say" anything you want to "say" but I don't see you getting all the money back as, by your own admission, at least some of the charges are valid.

I don't want to go to court if I don't have to, but he doesn't need to know that.

I was a landlord for 20 years so let me give you the landlord's position. I sent you an itemized list of charges. I sent it late, in breach of the contract, but the charges are valid (my opinion). You tell me that you want all the money back or you'll sue me.

Here's my response: "Piss off tenant. Make sure you spell my name right."

Then what do you do?

The correct answer is you serve me with a summons and complaint. Then my choice is go to court and justify my expenses or negotiate something with you that we can both live with.

My own personal choice would be court. I can't speak for your landlord but you can be sure that you aren't his first rodeo.
 
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