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My wife and I started renting an apartment in Virginia back in August on a month to month basis.
We never had a check list from the landlord to assess the condition of the apartment. Among other things, the carpet was in bad shape and it also smelled bad.
Before we moved in, the landlord sent some e-mails; one stating that she will replace the carpet and then in another one saying that she had it deep cleaned and that it smelled “wonderful” she also mentioned that if the odor returns, she will pull the carpet. I still have those e-mails.
In late March or beginning of April, we got new jobs in a different side of town, gave a 30 day notice since we verbally agreed to that even though the lease states 14 days notice. We had already paid April’s rent which made our official move out date April 30th. But we emptied and cleaned the place by the second week of April.
During the month of April, the landlord started doing some work in the apartment; I guess it was the perfect time for her to remodel the apartment while rent was already paid but nobody living in the apartment.. My wife got an e-mail from the landlord stating that the carpet was pulled up and that there was fresh cat pee. If our cat had peed on the carpet. we would have noticed, we had this cat for so many years now, and he has never peed anywhere else but in his litter box. Not knowing how that will affect the deposit, we decided to just wait and see if the Landlord will deduct anything from what is due back to us.
According to the lease we should have gotten the deposit back by June15th, we waited and waited. Finally we sent an e-mail inquiring about the status of that deposit. The landlord replied rather promptly, stating that it took all of the deposit ($550) to pull and replace the carpet. In the middle of April, we stopped by and we saw that the carpet was pulled out and the hardwood floors underneath had a fresh coat of polyurethane. Which makes me think there was no new carpet put in.
I am not about to let this go, I need some advice as to how to approach this situation.
Thank you in advance for your help.
P.S. The landlord omitted to mention that the apartment was notorious for being the hood’s dealer’s home. Needless to say I was not happy nor felt safe when people came knocking at my door at odd hours.
I'd first forward those emails and remind the landlord that the carpet is not your responsibility. If he does not return the deposit you can take him to small claims court.
Do I need to notify the landlord in writing about my intention to go to court if she doesn’t comply? How much time do I give her to respond?
My other question is. I will be traveling overseas next month, should I just wait until I come back to tackle this issue. I am concerned that if I get everything started now I won’t be here for the court date.
Thank you
Do I need to notify the landlord in writing about my intention to go to court if she doesn’t comply? How much time do I give her to respond?
Neither is important, but you do want to stress that with the proof that she took responsibility for the carpet, that you will pursue it in court, with the state attorney general, or whoever you need to to get her to do what is right.
I'd give her a few days at most.
Quote:
Originally Posted by pixelmaster
I will be traveling overseas next month, should I just wait until I come back to tackle this issue. I am concerned that if I get everything started now I won’t be here for the court date.
I'd get the letter to her immediately. Don't let her know you will be gone. You don't have to file in court immediately, but you definately want your demand to her right away.
Be short and simple. This is off the top of my head:
"Ms. X, attached is the communication [include a copy of her email] from you confirming that the carpet was damaged when I moved in. In now claiming that I was the one who damaged it - and retaining my security deposit for it - is unlawful.
Return my full security deposit immediately or I will pursue this to the fullest extent of the law, including more, as the law may provide"
{I added that last part as some states grant that double the deposit must be returned if it is unlawfully retained.}
This is the letter I prepared to send to the landlord, tell me what you think.
Thanks a lot for your input.
Quote:
July 27, 2006
Mrs Landlord
123 Anywhere St.
Anytown, VA 23XXX
Re: Deposit for 321 Somewhere Ave., Apt #1, City, VA 23XXX
Mrs Landlord,
First of all, we have more than one reason to believe that our cat did not pee on the carpet as you described. Whether it was an honest mistake on your part or otherwise, it is irrelevant at this point.
We would like to remind you that you acknowledged the need to replace the carpet before we moved in. You opted to have it cleaned and at the same time you also understood that the odor might come back, in which case you would pull the carpet.
We do have e-mails from you that support this.
Furthermore, you failed to comply with Paragraph 3 of the lease agreement (which is also found in Section § 55-248.15:1 of the Virginia Residential Landlord and Tenant Act) by not providing us with an itemized list of deductions taken from our security deposit within 45 days of the termination of the lease.
We are demanding full return of our deposit in the amount of $550 no later than 5 business from the receipt of this letter. If full deposit is not received at that time, we will take this matter to court.
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