10-09-2014, 11:12 AM
4 posts, read
6,067 times
Reputation: 10
So, I rented an apartment from a private landlord (company) for 2 years. I lived there with my three children. The landlord and I had a good relationship, never had any problems even though the apartment was horrible. Anyways, I moved out July 31st, not expecting a full return of my security deposit, but I left the apartment in good condition. It took him 60 days to return my security deposit to me and when I finally received it he charged me $200 for "depreciation of wear and tear" on the carpet. I thought that I couldn't be charged for wear and tear on the carpet... I contacted him about it, but he just keeps saying he is checking on it or it seems like he has been ignoring my phone calls. This seems very unfair, the carpet wasn't new when I moved in and I did live there two years with 3 children. I think he is using that portion of my deposit to replace the carpet. I am thinking about taking him to court, but has anyone been through anything like this before?
10-09-2014, 11:43 AM
979 posts, read
1,775,389 times
Reputation: 661
A landlord can't charge a tenant for what is typical/normal wear and tear. And certainly not for "depreciation." If that were allowable, no one would ever rent!
10-09-2014, 12:03 PM
4 posts, read
6,067 times
Reputation: 10
Quote:
Originally Posted by
jillybean720
A landlord can't charge a tenant for what is typical/normal wear and tear. And certainly not for "depreciation." If that were allowable, no one would ever rent!
And that is what it says on my itemized list of deductions...200 for depreciation for wear and tear on carpet. I have contacted legal aid for advice but I'm thinking about going to small claims court with my itemized list as proof for what he is really charging me for.
10-10-2014, 05:50 AM
Location: Hampton Roads
3,032 posts, read
4,734,163 times
Reputation: 4425
Quote:
Originally Posted by
ssquire86
And that is what it says on my itemized list of deductions...200 for depreciation for wear and tear on carpet. I have contacted legal aid for advice but I'm thinking about going to small claims court with my itemized list as proof for what he is really charging me for.
Also, they must get you the security deposit or itemized list back in 45 days, so I would definitely consider taking them to court over that as well.
10-10-2014, 07:19 AM
Location: Central Virginia
6,556 posts, read
8,386,233 times
Reputation: 18782
According to Virginia law, a LL must return your security deposit, a list of itemized deductions, and receipts within 45 days. Because he didn't return these items to you within 45 days, you are entitled to a refund of your full security deposit.
Hang on to the check you received - Do not deposit it or cash it. That can be construed as your acceptance of the partial refund.
Was the lease a standard VA residential lease form? Such as this? http://varealtor.com/sites/default/f...-%208-5-11.pdf Send a demand letter via certified mail requiring a signature demanding a full refund because of their failure to send an itemized deduction and the portion owed within 45 days as per item 3a. of the lease and be sure to include a mailing address for the deposit to be sent. Give them a reasonable time frame - say 7-10 days - to refund the deposit . If it's not returned, take them to small claims court.
Bottom line - they didn't comply with state law, so that makes any claims on your security deposit null and void.
10-10-2014, 09:04 AM
4 posts, read
6,067 times
Reputation: 10
Quote:
Originally Posted by
randomlikeme
Also, they must get you the security deposit or itemized list back in 45 days, so I would definitely consider taking them to court over that as well.
Thank you for the information. I did not know that.
10-10-2014, 09:10 AM
4 posts, read
6,067 times
Reputation: 10
Quote:
Originally Posted by
HokieFan
According to Virginia law, a LL must return your security deposit, a list of itemized deductions, and receipts within 45 days. Because he didn't return these items to you within 45 days, you are entitled to a refund of your full security deposit.
Hang on to the check you received - Do not deposit it or cash it. That can be construed as your acceptance of the partial refund.
Was the lease a standard VA residential lease form? Such as this? http://varealtor.com/sites/default/f...-%208-5-11.pdf Send a demand letter via certified mail requiring a signature demanding a full refund because of their failure to send an itemized deduction and the portion owed within 45 days as per item 3a. of the lease and be sure to include a mailing address for the deposit to be sent. Give them a reasonable time frame - say 7-10 days - to refund the deposit . If it's not returned, take them to small claims court.
Bottom line - they didn't comply with state law, so that makes any claims on your security deposit null and void.
Thank you for the information. I did cash the checks he sent but I still have them because I deposited them using my smartphone. The LL has contacted me though...he wants me to talk with him because he feels I was charged for things I shouldn't have been charged for because he does not do the walkthroughs.
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People in Group quarters - Institutions for the deaf (%)
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Residents speaking Spanish at home - Native, born elsewhere (%)
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House heating fuel used in houses and condos - Electricity (%)
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House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
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House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
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Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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