Legal Question in Real Estate Law in Virginia

Tenant charged wrongfully by Landlord

Landlord (Leasing Company) charged Tenant wrongfully after Tenant moved out. Tenant does not agree with charges. Apartment was inspected without Tenant present. Charges came out of deposit of $800. Tenant was told by Landlord oven and refrigerator needed cleaning: Tenant was charged $150 for general cleaning. Tenant finds this outrageous as Tenant left apartment in mint condition. Tenant then called Landlord to inquire on rest of deposit, was told another charge of $125 was assessed for: replacing light bulb in kitchen, caulking tub, patching nail holes in wall. Tenant tried to explain to Landlord light bulb in kitchen was out the second week Tenant moved in, Tub was left the same way as when Tenant moved in, and there were nails in the walls already. Landlord stated Tenant should have said so the week he moved in. Tenant stated he did not think the leasing company had to be called for a nail hole in the wall or a tub that needed caulking. Landlord was very rude and dismissed Tenant. Tenant requests reimbursement of all charges. What should he do?


Asked on 9/20/00, 3:30 am

1 Answer from Attorneys
Robert Smallenberg Robert H. Smallenberg, P.C.

Re: Tenant charged wrongfully by Landlord

Depending upon the number of rental units the landlord has, your rights may be governed by the Virginia Landlord-Tenant Act. Assuming the Act does apply, a landlord must send you a written itemization of all deductions from the security deposit within 30 days after termination of a tenancy. Oral notitification is insufficient.

If a landlord fails to return a security deposit, a tenant is entitled to recover the deposit plus reasonable attorney's fees.

You should consult an attorney to make sure the Landlord-Tenant Act applies to you and the specific facts of your case.

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Answered on 10/20/00, 11:18 am


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