[tenant123]

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

[smoothy]

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.

[tenant123]

@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?"

[Fr_Chuck]

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.

[ScottGem]

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.