Legal Question in Landlord & Tenant Law in Virginia
windows- deposit
Our landlord has 5 rental properties and we are moving out sept 30th. He says we need to unscrew the windows from the house take them out wash them and vaccum out the tracks in order to recieve our full deposit. When we moved in there wasnt a checklist of things required for cleaning and damages etc. Can he not refund all our money if we refuse to clean the windows like he wants us to do? or is that under normal wear and tear and we are not responsible?
2 Answers from Attorneys
Re: windows- deposit
Seems more or less like normal wear and tear to me but you may have to struggle over this one to get the return of your full deposit.
Re: windows- deposit
With only 5 rental properties, the Virginia
Landlord-Tenant Act does not apply.
The answer is subjective, a matter of opinion.
That means if you went to court, nobody knows
what the judge might decide. Since the landlord
is in possession of your money, you would have
to sue to get it back. You could certainly
give it a shot in small claims court, but
if it is not clearly spelled out in the lease,
it would be up to whatever persuaded the judge,
whether it was IMPLIED in the lease or outside
the lease.
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