Legal Question in Landlord & Tenant Law in Virginia
I signed a lease that had a condition in the Rules and Regulations section stating "Carpets shall be professionally cleaned by Landlord at TENANT expense." At the time of the signing I assumed this meant cleaning that had to done above and beyond what is typical. I just received my security deposit deductions back from the landlord and was charged the entire carpet cleaning cost. I even filled out a move-in inspection form that listed existing stains on the carpet. Does this condition in the lease violate the Virginia Residential Landlord and Tenant Act (VRLTA) seeing that we were charged for the entire cost and not just normal wear and tear? The landlord cited 55.248-17 of the VRLTA as the reason that they are able to get away with this, but after reading that section I still am unclear as to how this is not violating the law.
1 Answer from Attorneys
Give the landlord written notice that you consider his interpretation of this provision in your lease unreasonable and that you should not be held liable for stains and other "accumulated crud" on these carpets prior to your moving in and that therefore you are requesting a substantial refund of these costs attributed to carpet cleaning that were deducted from your security deposit.
And, if he refuses, then tell him you'll see him next in small claims court where
a judge can decide the reasonableness of his interpretation.