VA Tenant Security Deposit Question
This is a long post, sorry, but I really need some guidance. I have had many other landlords who can attest to both my cleanliness and the condition of which I have left my other apartments and have received all, or the vast majority (90% plus), of my security deposits back in the past. My landlord from August 2004 - August 2005 (yes over a year ago) failed to contact me within 45 days to issue any items that she was deducting for and failed to provide my $1000 deposit as of today. I contacted her via certified mail last week requesting my deposit in full, and interest, within 10 days. My previous landlord and I had no problems until July 2005 - in fact in June 2005 she sent me a letter praising me as a tenant and asked me to stay on month to month.
Unfortunately in late June 2005 she entered my apt without notice and I had spilled a casserole on the stove (I was planning to clean that night as she had said she would be there the NEXT day). Things turned and she asked that I move out because this stovetop was her prize possession... even though it came completely clean.
That being said, from that point forward she emotionally harassed me by saying things about my character on the telephone, proclaiming my "stupidity" in writing (such as "maybe you didn't read your lease," etc), and inspected my apartment WEEKLY even though I requested she cease weekly intrusive visits that had no apparent reason. When I relayed that I thought it was my right to be present at the final walk through she told me verbally that she thought I was confrontational and this was not my right...
Needless to say, I ceased communication. To the best of my knowledge she should have served me the itemized deductions within 45 days at my last known address (her unit); because she did not, even if she requested that I leave a forwarding address a few weeks prior to my vacating the apt, I feel entitled to the full deposit and sent her a letter last week indicating my right to a deposit, her failure to let me know I could do a walk through with her, and her failure to provide an itemized list. In her response she could not believe the "sheer audacity of me asking for my deposit back." She says I was the most disgusting tenant ever... remember in June she had asked me to stay on with her. And that I lack character because of my "demands" for her to pay back my security deposit.
She responded that she had to paint the white living room white again... and paid $650 (aren't landlords required to paint each year before a new tenant moves in?), that I had agreed to repair a doorknob (I had not and did not break any such doorknob), that I did not leave disconnect notices from my utilities which she said cost $100 from my deposit per my lease (I checked with the utility company and no such notices are possible because they simply read the meter have me pay the bill and then leave on the electricity for the new tenant who was moving in asap), and that I damaged the bathroom sink with a curling iron mark which she said cost $300... I do not agree to any of those charges. She also charged $150 for a cleaner to remove paint cans (leftover from where I had originally repainted the walls white prior to moving per her request), and reclean the refrigerator, stove, and kitchen cabinets.
She replaced a broiler pan at $15 (why would I take a broiler pan?), replaced blinds ($25) and I agree those needed replaced but it was normal wear and tear I think, and I had left a chest in the bedroom and she charged $60 to remove it. She also charged $100 to clean the carpet - this was in my lease.
She said these costs came to $1295... no according to her breakdown sent 13 months after I moved out they came to $1400. She claims that her real estate agent told her she did not have to let me walk through with her for the final walk through. She also says she could not see the top of the sink while I lived there because I was messy and therefore did not know it was burned until afterward... why did she send a letter in June 2005 praising me as a tenant if I was so messy?
So my question is should I take this to small claims court? Is she responsible for sending me the itemized breakdown within 45 days after I vacated even if she sends the letter to my last known place of address, and if so am I entitled to the deposit back or will a court rule in her favor and request I pay the additional $295 according to her letter or $400 additional according to her breakdown?
Should I request receipts for all items? I am legally entitled right? $1000 is a lot of money however I had been so harassed that I didn't want to deal with her until my current landlord gave me the courage to do so. Or should I just let her keep the deposit and in her words "don't bother her again."
