Martinsville, VA asked in Landlord - Tenant for Virginia

Q: What happens if my landlord exceeds 45 day period for security deposit return and didn't notify me of final inspection?

My original lease was supposed to end March 31st, 2020. Property Manager said that I needed a 60 day notice to terminate lease, so I paid for April to satisfy lease agreement. My security deposit should have been returned by June 15. When I messaged her for an update on that date, she said she was out of town and would take care of it the next week. I expected to be notified of final walk through so I could be present but was greeted with a text today (June 24,2020) stating that I would owe approximately $80 for dirty stove and drip pans. When I asked if she would wave that cost due to being out of the deposit return window, she initially agreed them immediately denied the request after. Since I was notified of move out inspection and she is out of the window, do I have cause for issue or just take the loss on $80?

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

A: The Virginia Code requires a landlord to allow the tenant a move out inspection and to be present for that inspection. If the landlord failed to allow the tenant to attend the move out inspection, it is a breach of the lease.

The Virginia Code also requires the landlord to either provide the tenant with an itemization of the property damages of the premises within 30 days after possession is return from the tenant to the landlord, and 45 days for the security deposit or the net balance after damages are deducted, to be returned by the landlord to the tenant. If the landlord failed to return the security deposit with the 45 day period, it is a breach of the lease and you can bring a claim for the amount.

If all that is at issue is $80.00, it is a small claims case in which no attorneys are permitted in that type of case. You can get the forms at the clerk's office or online at the Court's website.

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