Q: What happens if landlord doesn't give me required notice of right to be present at move-out inspection in Virginia?
I moved out of my residence over 45 days ago and my landlord never sent my security deposit to the address I gave her. I read in Virginia that the landlord was also supposed to give me a notice of right to be present at a final move-out inspection within 5 days of me telling her I was moving out (month to month lease, proper 30 day notice). She never gave me any such notice. What is the remedy for failing to get such notice? I hear now that she is trying to claim normal wear and tear as damage and deduct my entire security deposit amount to pay for it, but I don't think she can because she never gave me notice of my right to be present at any final move out inspection.
A: The Tenant has a right to bring a claim against the Landlord for breach of the lease if no notice was given for the move out inspection and no security deposit was returned to the Tenant. If you sue, you will have the burden of proof of show the Judge you are correct regarding your claim. If the claim is for less that $5,000, you can file a small claims case, which is easier to prove and no lawyers are involved.
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