Cutting My Losses On Move Out

[jellybeanz]

My question involves landlord-tenant law in the State of: Virginia

I recently vacated my apartment after living there for a few years. My lease calls for a 60 day notice of non renewal, but I only gave 30 which was the earliest I could give due to a change in my circumstances. My landlord charged me for some minor damage to the carpet, which he took out of my deposit, as I expected. He chose not to charge me to the day that the next tenant took possession, but only up to my lease expiration date. I was not allowed to be at the walk through, he only called me after it was done and told me what I was going to be charged for. I knew about the carpet and that was fine, but there was an additional deduction for an "overall cleaning fee" as a part of their turnover. I sent a letter to dispute the vague fee and was informed that if I pushed the issue on the fee, they would just go back and charge me for the additional days they waived by ending my tenancy at the time I left instead of when the next person moved in since I didn't give proper notice. I understood that the notice is to protect them from losing money, but I wasn't worried about it since I knew they have a waiting list. The fee is the lesser of what the prorated rent would have been. The cleaning fee was $95 while the turnover time would have cost me $120, so I actually came out better, but I am still not happy that they decided to charge me an erroneous fee instead and have now threatened to recoup the additional days because I am complaining. My deposit has been returned to me along with a form letter about being a great tenant and my deposit was being refunded in full. My question is 1. Can they do that? I think they may be entitled to it but will only pursue it if I ask for the erroneous fee to be returned. Is that retaliation or entitlement? Thank you for any help you can give me.

[Mr. Knowitall]

What did your lease say about cleaning fees? Virginia law permits a fixed sum cleaning fee to be included in your lease. If none is mentioned, and this is simply routine cleaning, I suspect you're correct that you should have been refunded that money. But they also have a point that if you pursue it, they can counterclaim for any claims they still have against you.