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  1. #1
    Join Date
    Oct 2006
    Posts
    2

    Default Virginia landlord demanding payment after 100 days

    I moved out of a townhouse that I rented in Virginia for about 16 months on May 31, 2006 with a proper written 30 day notice. At that time I did a walk-through with the landlord’s representatives and we went over all the damages that were done to the house. My dogs had torn up the trim from around the front door to the point where it clearly had to be replaced. I offered to replace it before I moved but was told that the landlord would prefer to do it. Other then damage to the trim there was damage to the window blinds on two windows as well. I was concerned over how much I would be charged for all of this and was assured that none of these repairs would exceed the $450.00 security deposit that the landlord held. They did mention at that time that the carpets looked dirty and I should clean them again before I left. I did not receive any confirmation of this in writing.

    Now over 100 days later I received a letter demanding payment in 10 days for damages/cleaning fees to the property that well exceeded the $450 amount, in fact they are requesting $1,300 more. At no time had I received anything detailing what these charges are for, just the total and that they were for damages/cleaning fees. I never bothered to ask for my security deposit back as I assumed that they were going to try and keep it and since I was over 300 miles away, it would be a hassle to try and get back what little I would be entitled to.

    I wrote them back about 15 days after receiving their letter and stated that I did not know what these charges were for as this was the first time I was notified of them; as well as I was NEVER given any itemized list of the damages. I could not be held responsible for charges I was never correctly informed about.

    I am not sure where to go from here. I am awaiting their response. I have read the statute for Virginia but am still unclear if they can still sue me after the 45 days if this is the first time I am hearing about the charges, and they still have not told me what they are for exactly. They knew how to contact via mail, so that could not have been the reason for their delay. Does anyone have any ideas?

    Thanks in advance!

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

    Default Re: VA-landlord demanding payment after 100 days

    There is no question, from what you have stated, that the landlord failed to comply with the time limits set forth in Virginia's security deposit law. That statute suggests that he may have forfeited his claim, but I'm not certain of that and I haven't been able to find an authoritative source explaining the consequence of missing the deadines.

  3. #3
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Virginia landlord demanding payment after 100 days

    I wonder also Mr.Knowitall, if since the OP had lived there for over a year, if they could charge for carpet cleaning?? I am not sure of the laws on how long a person has to live somewhere for it to be considered regular wear and tear??

  4. #4
    Join Date
    Oct 2006
    Posts
    2

    Default Re: Virginia landlord demanding payment after 100 days

    My former landlord finally sent me and itemized list of charges. They are claiming that after the carpet cleaning that the smell in the house was “unlivable.” Nothing was ever mentioned about a smell during the walk-trough or at any other time. All of the excess charges were to completely replace the carpet in whole house expect for two rooms. I am not sure what to do next. Even going as far to charge me the $30.00 they had to pay their handy man to let in the carpet installers on a weekend. They are threatening me to take me to court.

    I am 6 months pregnant with my second child and the drive to their county is over 300 miles away. To take time off work and make the drive out there for this only to lose all of this money for something that I am not looking forward to. I just don’t know how I am going to prove that my house didn’t smell. Any pictures I have can't prove that...

    Does any one have any ideas? Please?

  5. #5
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Virginia landlord demanding payment after 100 days

    Well, I hate to say it, but maybe a consultation with a landlord/tenant attorney, to see if you have any legal way to fight this. I personally do not know. They may have not said anything about the smell, because they truely believed that the shampooing of the carpets would take care of it. Good luck to you!

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