Getting Security deposit back.

Getting Security deposit back.

Member since 2019 · 7 posts · 1 vote

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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Most Popular Reply

Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
7y

@Song Choe

Missing screens are on you if they were there before. Everything else seems like normal wear and tear.

See this reply in the discussion

15 Replies

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  • Investor · Bayside, NY · Member since 2017 · 1k+ posts · 1k+ votes
    7y

    @Song Choe

    Here's a link to Virginia's laws regarding return of security deposits.  Virginia deposit regulations Did your landlord observe all of it's technicalities?

    Being a landlord, I always paint my apartments for the next tenant. I know some landlords make all kinds of excuses to have the current tenant pay for the painting whereas it's normal wear and tear. 

  • Member since 2019 · 7 posts · 1 vote
    7y

    @Frank Chin  Thanks for the reply.  No looking at the Virginia deposit regulations, he didn't send me the itemized list of how the security deposit is used within 45 days.  Before I argue bit more deeply with the landlord, I want to make sure I know my rights.  Those question above I have I want to know before I talk to the landlord or worse case Lawyer.

    I have kids, so if it is being used for painting ? sure that's fine.  

    What made me mad is that the landlord knew I was asking for the security deposit and they said they will send it.   
    If I was informed during the exit meeting I will not get it I would not be this mad.   We did so much cleaning, hired professional carpet cleaners, installed new fire alarms, new blinders.  I want at least those amount back.

  • Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
    7y

    @Song Choe if you were not sent an itemized statement of deductions within 45 days, they broke the law and you can take them to court.

  • Investor · Bayside, NY · Member since 2017 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @Song Choe:

    @Frank Chin  Thanks for the reply.  No looking at the Virginia deposit regulations, he didn't send me the itemized list of how the security deposit is used within 45 days.  Before I argue bit more deeply with the landlord, I want to make sure I know my rights.  Those question above I have I want to know before I talk to the landlord or worse case Lawyer.

    I have kids, so if it is being used for painting ? sure that's fine.  

    What made me mad is that the landlord knew I was asking for the security deposit and they said they will send it.   
    If I was informed during the exit meeting I will not get it I would not be this mad.   We did so much cleaning, hired professional carpet cleaners, installed new fire alarms, new blinders.  I want at least those amount back.

    According to the regulations, he should've notified you within 45 days by certified mail. That should be easy to prove for you as he would have a signed certified mail receipt signed by you. Since he had no proof he notified you legally, you could sue him in small claims, which I seen many times on TV court shows how  landlord lose these cases because they didn't follow procedures. 

  • Member since 2019 · 7 posts · 1 vote
    7y

    @Frank Chin  Thank you.   I am looking at the process of what needs to be done before signing up for the small claims.

  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    7y

    @Song Choe

    Missing screens are on you if they were there before. Everything else seems like normal wear and tear.

  • Property Manager · Los Angeles, CA · Member since 2017 · 216 posts · 110 votes
    7y

    I would add that depending on how long you rented, paint may or may not be deductible from a security deposit. For example, one standard for many property managers in California is 3 years of useful life for paint. In other words, after 3 years, tenants are generally not charged to repaint unless there is actual damage to walls, not regular wear and tear.

    And regarding your #5 and #6, since the Landlord agreed for your early move out, s/he cannot now hold you liable for it.

  • Member since 2019 · 7 posts · 1 vote
    7y

    @Hubert Kim, Thank you for your reply. I live in VA and I don't know the duration of the paint, but will definitely find that out, I didn't even think about that. This really helps. thank you so much.

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    7y

    Hi Song,

    You were charged for light bulbs.... burn't out or missing?

    Missing possibly, but burnt out no.

    If you swap out burnt out bulbs for expensive ones like LED bulbs, keep the old burnt out ones and swap them back in when you move.

    Leaving empty light sockets invites thoughts of theft.

    Good Luck!

  • Member since 2019 · 7 posts · 1 vote
    7y
  • Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    7y

    @Song Choe  At this point, I don't believe the landlord can charge you for anything at all. None of it matters. He violated the law by not either returning to you your deposit, or giving you an itemized list within the 45 days. I would email him via certified mail of the laws that he violated and give him the choice of; 1) Pay you 100% of your deposit within 7 days, or; 2) You will file in small claims court for full deposit plus whatever else state law allows. 

    In many states, I believe you can sue for 2-3 times the amount of deposit. So, they can pay you in full to have you walk away, or pay even more. 

  • Member since 2019 · 7 posts · 1 vote
    7y

    Hi all.  

    I am getting the deposit back. I have sent the demanding letter and point them to the right direction in terms of what they not done(VA state law wise). I feel like I achieved something :)

    Thank you for those of you who answered my question and gave me confidence.

  • Patti RobertsonBusiness Member
    Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
    7y

    @Song Choe - I’m glad you got some resolution, but wanted to chime in because I don’t feel anyone commenting above really hit on the right point.  The VRLTA says the deposit must be dispensated 45 days after vacating, or the lease end, which ever is later.  Your lease had not yet ended, according to your post.  You didn’t say what your agreement was, if any, about the early termination.  The landlord acknowledging you saying you were leaving early is not in itself an agreement of an early termination.  In my case, our tenants have to agree to sign an early termination agreement, and they are liable for any rents and utilities until we secure a replacement tenant. In my opinion, you got lucky that this landlord doesn’t seem to really know what they are doing, and you scared them into returning the deposit to you.  It really should have been applied to unpaid rent, in my opinion.

  • Member since 2019 · 7 posts · 1 vote
    7y

    @Patti Robertson  I apologize.  Yes, we had a agreement we can terminate the lease early without penalty.  I should have included that in the original posting.

  • Property Manager · Los Angeles, CA · Member since 2017 · 216 posts · 110 votes
    7y

    In California, if a landlord does not return a security deposit or does not send a letter with an itemized list of deductions from the security deposit within 21 days, this can potentially lead to a small claims lawsuit where the original security deposit plus damages can be awarded.

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