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So I rented half of a townhome with the landlord/roommate. I wrote her a security deposit at the beginning of the tenancy and we had a verbal month to month agreement and that the deposit would be refunded at the end. She does NOT fall under VRLTA because this is the only place she owns.
Before moving in, the place was not cleaned as promised, the carpets were beyond repair, and I couldn't even use my room entirely until I moved the crap out of there. I didn't make a ruckus about it. I just cleaned the place and moved the stuff. Dumb on my part, I know! We did agree that I could get a dog. She did pee on the floor on a few occasions, which I cleaned up, but mt roommate/landlord refused to lock her up in her crate when she left after I told her to numerous times so this would not happen. Either way, this is the carpet that was already in need of replacement.
Towards the end of my tenancy, some prescription pills supposedly went missing and she placed the blame on me. I did not do this. Keep in mind anyone could have since she is one of thiose that leaves everything unlocked and hands out keys like candy to her house.
I returned my keys on the last day of the month after giving notice. I told her I would pay the utilities if she had the amount. She said she did not at the moment and she would e-mail. She then proceeded to tell me that she will not give me any of the deposit back because of the carpet and the missing pills.
Does anyone know if this is legal under common law? Doe she still have to provide a itemized deduction of costs? 45 days to return? I know her subrtracting for precription pills is not allowed because it's not damage to the property. Does she take part repsonsibility for the caroet since she lived there as well and is was already in bad condition?
She has to abide by your state laws which determine how long after quit the security deposit either has to be returned or, if it's being kept, an itemized list with receipts for all deductions. No of course she can't claim for missing prescription pills and there is a limit on how much she's allowed to deduct for carpet replacement. Hers is the burden of proof.
Do you have anything in writing - tenancy agreement, cashed checks with rent/deposit in the memo line? The problem with a verbal agreement is you can't prove anything.
Do you have anything in writing - tenancy agreement, cashed checks with rent/deposit in the memo line? The problem with a verbal agreement is you can't prove anything.
Yes. I have a check that says security deposit and I also have copies of ALL checks for my rent. In VA, a verbal agreement is binding..it's just a month to month lease, which is what we had.
Google "VA landlord tenant laws" and see what the state law is about return of the security deposit and then send her a certified return receipt letter noting the relevant clauses and asking for the appropriate reimbursement along with any itemized deductions and receipts. If she fails to respond within the time frame required by law then go to Small Claims Court and file against her. Good luck!
PS: There have been several discussions on this forum about the cost of replacing carpeting, its usual life expectancy, etc. so if nobody addresses on this thread you could do a quick search to see what's been advised before.
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