Falls Church, VA asked in Landlord - Tenant for Virginia

Q: LL deducted cleaning expenses from sec. dep. without providing a list within 30 days. Should I sue based on this?

Inspection day was great. No issues were brought up, just a thumbs up.

No documentation was exchanged. No pictures taken.

30 days past without any word.

Virginia state law (55-248.15:1) "The landlord shall notify the tenant in writing of any deductions ...to be made from the tenant's security deposit...Such notification shall be made within 30 days of the date of the determination of the deduction and shall itemize the reasons ... If the landlord willfully fails to comply with this section, the court shall order the return of the security deposit to the tenant"

Lease has the same language.

40 days past, no sec. dep. or list of deductions. Lease gives 40 days for landlord to return deposit. State law says 45 days.

Day 45, sec. dep. returned with about $350 deducted and some receipts. $100 not accompanied by a receipt but labeled "Kitchen."

Reached out for refund of only $100, LL refused.

But at this point, does the legitimacy of the charges matter?

Related Topics:
1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: You will need to sue to claim the un-funded security deposit.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.