Legal Question in Landlord & Tenant Law in Virginia

Deposit

We are about to move out of our rental home. Our landlord says we left a small pile of leaves on the side of the house and claims we killed the grass in that spot. there wasnt much grass there when we moved in and after the drought most of the grass is dead anyways. He wants us to put down grass seed which we have. He is saying if the grass isnt growing by the time we vacate September 30, 2005 he isnt refunding our deposit. He keeps threatning us about how he want the house cleaned ex. unscrewing the windows vacume the tracks and wash, what type of detergents he wants used to clean etc. He lives in Florida and even mentioned he may want us to reimburse him if he has to make a trip up here to clean (gas hotel). Is this legal for him to keep our deposit over grass and if we dont clean the windows and use the detergents he wants used?


Asked on 9/11/05, 1:17 pm

2 Answers from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Deposit

It will also depend somewhat on whether your

landlord rents 10 or more properties, in which

case the VIrginia Landlord Tenant Act applies.

For example, did he provide an inventory of

pre-existing defects and damage when you moved in?

Under the VLTA, if he did not, then he cannot

prove that the damage happened when you were

there, rather than before you moved in. So

he cannot collect or deduct from the deposit.

Read more
Answered on 9/13/05, 2:49 pm
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: Deposit

Probably not. What does the lease say?

The lease, if in writing, may state that "ordinary wear & tear" is not grounds for landlord to keep a security deposit. Specific detergents are not likely to be required in a lease. Generally, you are expected to leave things as they were when you moved in.

Read more
Answered on 9/11/05, 1:35 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Virginia