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Updated over 5 years ago,

User Stats

7
Posts
1
Votes
Song Choe
1
Votes |
7
Posts

Getting Security deposit back.

Song Choe
Posted

Hi.  If this is not the right place to post I apologize and I will remove it. 

Both Landlord and I live in Virginia.

I have asked the Landlord in December 2018 if I can move out earlier than the original lease end date(August 2019). Landlord allowed us to move out and I moved out at 3/29/2019. I cleaned the property about a week and we did the exit meeting/interview at the properties at 4/7/2019. We signed the paper at the end of the exit meeting but I don't remember the full content of the checklist and landlord didn't send me the copy yet.

Landlord agreed that they will send us the security deposit back in few weeks along with the move out checklist. I have asked the status of the security deposit back in late April via email, landlord says they are being ready for the next tenant and will send security deposit when ready. I have asked the status of the security deposit again on 6/3/2019 via email, and now landlord says quote in the email

"We tried to wipe down and clean the walls, but unfortunately in the end we had to hire a painter to come in and paint the boys rooms, hallways, family room, and downstairs which alone cost $2,000. In fact, just before we left out of town, the master bathroom shower when turned on leaked down to the kitchen ceiling on the next floor. I haven’t had a chance to call a plumber, but I’m hoping it’s just an issue with the shower head and not the plumbing behind the wall. In addition, we had to replace light bulbs, replace HVAC air filter, install new kitchen faucet, and install some missing window screens. "

So Landlord says they cannot send us the security deposit. I replied "Understood" but evening my wife discussed and felt like that's not right as we have really cleaned the place. So I replied back saying we don't agree with you and we will seek a legal advice. Landlord replies back saying then now they want the amount exceed the security deposit.

I didn't get the itemized list with a receipt or some sort from landlord yet. I didn't get the move out checklist copy from the landlord yet.

I got an answer from other Lawyer that they are supposed to send that to us in 45 days in writing but wanted to confirm one more time with additional question.

Question 

1. Landlord might argue differently but based on my explanation, is the landlord supposed to send me back the security deposit? and if not at least they are supposed to send me the itemized list in 45 days, is that correct? 

2. Can email that landlord sent saying they had to fix a b and c and such, considered itemized list? Still that's more than 45 days 

3. I do have a proof that we have met (again I don't have the paper that we signed together during the exit meeting) in email and many emails asking for security deposit status, can Landlord argue that the lease has not been terminated? (I have an email landlord sent saying they got a new tenant) 

4. If the paper I signed has line saying "we won't give you security deposit if the money spend fixing the property exceed the security deposit" which I don't recall but, even if we did have that in the move out signed paper, does Landlord still need to send the itemized list to me in 45 days? 

5. Is there any law or common sense that if I move out earlier than the original lease end date, even though landlord allowed it, security deposit does not have to be returned?

6. Can Landlord turn around now and argue that I have breached the lease even though landlord allowed us to move and had an exit meeting?

7. Can exit move-out checklist considered itemized list? And since we signed it that day 4/7/2019, can that be considered the itemized list is delivered in 45 days?

Please help and thank you in advance for reading the long story.

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