Hi,

I rented an apartment in Arlington, VA and moved thinking everything was fine. About 2 months later, I received a letter from the property management company seeking money to replace the carpeting. This is a bogus claim on their part.

I know Virginia requires the landlord to send an itemized list of damages within 45 days when making deductions from a Security Deposit. This apartment complex does not collect a Security Deposit though.

The only part of the code which seems to apply is 55-248.15:1 "In the event that damages to the premises exceed the amount of the security deposit and require the services of a third party contractor, the landlord shall give written notice to the tenant advising him of that fact within the 45-day period." My Security Deposit would be zero in this case, meaning the entire amount of claimed damages "exceeds" the amount of the Security Deposit.

My question is: Did the landlord lose the ability to charge me for purported damages to carpeting since they let the 45 day time limit expire?

Thank you

Do you have a copy of the walk-through inspection right before you handed your keys over to them... where it stated there was nothing found, that you both signed? I hope you got one.

Keep your copy but sent them a photocopy reminding them there was nothing found at the point you vacated.

@smoothy

While I appreciate your input, it did not address the specific question I asked.

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I am looking for an answer to "Did the landlord lose the ability to charge me for purported damages to carpeting since they let the 45 day time limit expire?"

The failure to do this, does not take away his right to sue for damages.

You can use this in court as a defense. The landlord will have to show cause for any time issue, trouble with estimates.

The problem here is, while the law specifies a time frame in which notice must be given, it does not specify a penalty for failure to comply.

So you argue that since the 45 days expired, the landlord forfeited his right to collect.