Severn, MD asked in Real Estate Law and Landlord - Tenant for Virginia

Q: Landlord gave us notice he's selling and totally renovating, including all appliances. Can he still deduct from security

We lived there for 7 years and he admits we were wonderful tenants​. He's trying to deduct for a toilet he was already replacing regardless of condition and for a smoke smell, even though we were allowed to smoke on the premises. The toilet in question has always had a strange buildup on the inside bowl since we first moved in. But we can't find the picture of it.

Before our final walk through, he had his realtor and contractor come through. That's how we know he was already replacing it, regardless. He clearly stated he was replacing the toilet because it was old and his realtor said it had to be replaced to fit in with the rest of the renovations. He's replacing all the appliances, despite some of them being practically brand new.

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

A: The answer to your question will depend on what is stated about this subject in your lease. You should read the lease very carefully. If the lease is silent on these repairs, the landlord has no right to deduct them from your security deposit. You may want to get advice from an attorney who is near you.

1 user found this answer helpful

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.