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  1. #1
    Join Date
    Oct 2011
    Posts
    1

    Question Billed for Damages a Year After Moving Out

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

    So, Sept 2010 we moved out and we never received a move-out accounting or anything.
    We did not pay a deposit, so we ignored it.
    Couple days ago we got an accounting saying we owe over $400 for carpet cleaning, dirty recycling bin, a blind, and bulk garbage pick-up. Carpet they had told us not to worry about, it would be replaced during our pre move out inspection.

    So, I know when there is a deposit the landlord has 45 days for move out inventory. However, when there is no deposit, can they wait over a year to charge us?
    I called and they said the old manager didn't do her job well and forgot to mail stuff out, so now they're sending out the bills.

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

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Billed for Damages a Year After Moving Out

    The 45-day window is for application of the security deposit. Virginia Code Sec. 55-248.15.1. It does not limit the landlord's right to bill for damages where no deposit is held. It looks like Virginia has a five year limitations period for contract actions; depending upon how a court action is characterized a different limitations period may apply, but I don't see any that might have already foreclosed the action. If you're sued, you can check the specific claims against the statutes of limitation that would apply to the causes of action raised against you.

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Billed for Damages a Year After Moving Out

    According to you, there was a "pre move out inspection", and besides saying not to worry about the carpet, what else did they say?? And they waited a year to send you an itemized list? Did you take any photos of the moveout??

    How inconvenient would it be for you to fight this in court?? You can call as witness the "old manager" if you can find him, and have them prove all that they care saying, a year after it happened. You can testify about the "don't worry about the carpet".

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