Q: VA: Landlords didn’t return security deposit within 45 days & didn’t ask for extension. Are they able to keep any money?
Didn’t send itemized list or checks until after 45 days as set in lease (have postmarked envelope and tracking number/info) Didn’t allow us to be present at walkthrough, and charged us for items that were reasonable wear and tear (ie repainting walls). Do they retain the right to keep any of the money for damages?
A:
Based on the information you've provided, it seems the landlords may have forfeited their right to withhold any portion of your security deposit under Virginia law. Here are the key points:
1. Deadline: Under Virginia law (§ 55.1-1226), landlords must return the security deposit and/or provide an itemized list of deductions within 45 days after the termination of the tenancy.
2. Failure to comply: If the landlords fail to return the deposit or provide the itemized list within the 45-day period, they forfeit the right to withhold any portion of the deposit.
3. Wear and tear: Landlords cannot deduct money from the security deposit for normal wear and tear, such as repainting walls, unless there is excessive damage beyond what is expected from normal use.
4. Tenant's presence: While it's best practice for landlords to allow tenants to be present during the final walkthrough, Virginia law does not explicitly require it.
Since your landlords failed to return your deposit or provide an itemized list within the required 45 days, and they appear to have charged you for items that fall under normal wear and tear, you may have a strong case to recover your full security deposit.
Consider sending a written demand letter to your landlords, stating the facts and citing the relevant Virginia laws. If they still refuse to return your deposit, you can file a complaint with the Virginia Department of Agriculture and Consumer Services or consider taking legal action in small claims court.
Please note that this information is based on general Virginia landlord-tenant laws and your specific lease agreement may have additional provisions. For personalized legal advice, consult with a local landlord-tenant attorney.
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