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va tenant · Sep 12, 2006, 08:36 PM

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."

RickJ · Sep 13, 2006, 04:03 AM

Here are the sections of VA landlord-tenant law that explains about deposits:
http://leg1.state.va.us/000/lst/LS601894.HTM

ScottGem · Sep 13, 2006, 06:06 AM

The key provision seems to be here:

The landlord shall notify the tenant in writing of any deductions provided by this subsection to be made from the tenant's security deposit during the course of the tenancy. Such notification shall be made within 30 days of the date of the determination of the deduction and shall itemize the reasons in the same manner as provided in subsection B. Such notification shall not be required for deductions made less than 30 days prior to the termination of the rental agreement. If the landlord willfully fails to comply with this section, the court shall order the return of the security deposit and interest thereon to the tenant, together with actual damages and reasonable attorneys' fees,

I would send a copy of the statute, highlighting the section above to the landlord via certified mail. I would inform her, in that letter that you expect to receive a check from her for $1000 plus interest from the date you moved within 5 days. That failure to do so will force you to pursue a legal remedy.

Then if she doesn't send the check, follow through in Small Claims Court.

If she just sends the $1K without interest, I wouldn't bug about the interest.

va tenant · Sep 13, 2006, 07:08 AM

This information is very helpful. I did send an initial letter a week ago requesting the deposit back; she responded with a list of deductions instead of the deposit and said "don't bother me again."

My question: I did not leave a forwarding address initially even though she did request an address before I moved, because I thought she was legally required to have sent the itemized list of deductions and the remainder of my security address to my last known place of address (i.e. the unit I rented from her) within the 30 - 45 day period after I vacated based on the section of VRLTA below. Is my interpretation of the code correct before I proceed with the follow up letter you recommended? If I have misunderstood this section, I feel she will say she did not have a forwarding address and therefore was not required to send the deposit/deductions in a timely manner.

Any help is really appreciated. Thank you.

VRLTA code:
§ 55-248.6. Notice.
D. In the case of the tenant, notice is served at the tenant's last known place of residence,
which may be the dwelling unit.

ScottGem · Sep 13, 2006, 07:15 AM

You are correct. She should have sent it to the last known address. Unless she can prove she did so, she would appear to be in violation of the statute.

The initial letter you sent, did it quote the statutes? If not, then I would send a new letter quoting the statutes as I suggested. Include the one you just quoted.

va tenant · Sep 13, 2006, 07:22 AM

Thank you. Yes my initial letter referenced all statutes. At the end of the letter I included all applicable statutes quoted as they appear in the VRLTA, including the ones which stated the landlord is responsible to notify tenant of a final inspection date and time; return security deposit less deductions within 45 days of vacate to last known address which the USPS would have forwarded to my new address; and because she failed to do any of the above, I requested full deposit with 24 months of interest within ten days but got her other response instead. I think the best bet is to go with a follow up letter stating I will be taking legal action if she does not send the deposit... right?

ScottGem · Sep 13, 2006, 08:12 AM

I agree with excon that the time for talking is done. No more letters. Go down to Small Claims court, pay the filing fee and send her a notice or summons to appear or whatever announces that a suit has been filed.

Cvillecpm · Sep 13, 2006, 08:41 AM

"....I did not leave a forwarding address initially even though she did request an address before I moved."

Then you have no case - you also have no case as the statute of limitations has expired.

You are NOT entitled to interest unless the tenancy was under the VRLTA AND you stay 13 months are longer which you appear to have not.

You are required to provide a forwarding address - even if it is a post office box AND the landlord can establish guidelines for a final/exit walkthrough.

FYI - most landlords do a final walkthrough so that tenants can tell them WHY the property is in the condition it is in - items broken, cleaning not done... the inspection is NOT for the landlord to tell the tenant how much deposit they will receive.

excon · Sep 13, 2006, 10:16 AM

Originally Posted by Cvillecpm

FYI - most landlords do a final walkthrough so that tenants can tell them WHY the property is in the condition it is in - items broken, cleaning not done....the inspection is NOT for the landlord to tell the tenant how much deposit they will receive.

Hello tenant:

Contrary to the above, there is no one reason why a landlord does a final walkthrough. Some are looking for reasons to KEEP the deposit, while others are looking for reasons NOT to keep the deposit.

Fortunately for you, the law could care less about what motivates a landlord. It only cares about what he does. I say again, sue him!

excon

va tenant · Sep 13, 2006, 10:21 AM

Yes, I am not concerned with the landlord's or my motivations, rather a fair and balanced interpretation of the law; by law the landlord is required to notify the tenant of the time and date, though she can set a time and date which is convenient for her, and also notify the tenant of her right to be present during the walk through. Legally it looks as though the landlord is wrong in all instances - including not sending the deposit to the last known address which others have confirmed here on this chain of posts. Thanks for your help everyone.

Cvillecpm · Sep 14, 2006, 06:23 AM

The Small Claims court limit in VA is $2,000 and be careful that your landlord is not waiting for you to sue her so she can counter-sue you (cheaper for her) for the money damages over your deposit.

As for the deposit itemization... she may well pull the unclaimed enveloped with an appropriate postmark and let the judge open it and you are DOA with the judge...

Like not providing a forwarding address, the non-notification of the walk-through time may well be on your shoulders also unless you provided the information on how to contact you with the keys... Your proper check out should have been to provide the unit keys to her along with your forwarding address AND contact information - cel phone, e-mail, etc... if you did not do those, you may well be embarrassed in a court hearing...

Hey - what do I know!! I only do this for a LIVING, go to court monthly and teach VA landlord-tenant property management courses. Feel free to NOT accept my advice.

ScottGem · Sep 14, 2006, 06:59 AM

Cville does point out the risk that you take. However, if you left a forwarding with the PO and you have received mail addressed to the former address during the time frame, its not that likely that she has such proof.

va tenant · Sep 14, 2006, 07:06 AM

Cville, I'm open to any and all advice and thank you for taking time to post. Thanks everyone for all of your help and I think that you have provided the information I need.

Cvillecpm · Sep 14, 2006, 10:06 AM

Good luck proving mail was being forwarded when she has the unopened itemization in her hand...

Good luck finding your new postal carrier to testify that all your mail was forwarded...

Good luck convencing the judge you had a good reason NOT to provide your forwarding address to your landlord...

va tenant · Sep 14, 2006, 10:09 AM

You mean convincing?

ScottGem · Sep 14, 2006, 10:35 AM

If you filed a forwarding with the Post Office (and they will have it on record), then I believe you can demonstrate due diligence.

However, if she has a postmarked envelope with a Return-No Forwarding stamp on it, then you will have problems. It doesn't have to be sealed. She could have mailed anything in it. But a judge is going to look at that and decide she did send the list on a timely basis.