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The letter only had the dollar amount for total carpet replacement. Deposit was returned fairly soon, too.
Quote:
Originally Posted by Lacerta
It sounds like they complied with the first step in the process, which is sending you an itemized list of damages. You sent a letter refuting the charges. Then nothing else happened.
I agree with what others said. If you didn't get your deposit back, and you thought it was an error on their part, why didn't you push it further? By your not pushing the issue, an argument could me made that you consented to the charges. Unless you had no deposit at all, I guess.
The letter only had the dollar amount for total carpet replacement. Deposit was returned fairly soon, too.
Something sounds fishy. If I understand you correctly, you're saying:
1) You moved out
2) They sent you your full deposit back
3) They sent you a letter demanding money for carpet damages
4) Now a debt collector is contacting you for carpet damages + collection fees
Take a look at the Virginia rental law. This seems to be it, but you should double-check for yourself:
My gut feeling is that the landlord billed you for carpet damages, but forgot to deduct it from the deposit. I don't know how the Virginia courts would interpret that. Nothing in the law (that I saw during my quick look) says that a landlord MUST reduce the refunded deposit by the amount of damages claimed.
It sounds like you probably owe the money. But you should DEFINITELY send that debt validation letter first, if you haven't already.
Something sounds fishy. If I understand you correctly, you're saying:
1) You moved out
2) They sent you your full deposit back
3) They sent you a letter demanding money for carpet damages
4) Now a debt collector is contacting you for carpet damages + collection fees
Take a look at the Virginia rental law. This seems to be it, but you should double-check for yourself:
My gut feeling is that the landlord billed you for carpet damages, but forgot to deduct it from the deposit. I don't know how the Virginia courts would interpret that. Nothing in the law (that I saw during my quick look) says that a landlord MUST reduce the refunded deposit by the amount of damages claimed.
It sounds like you probably owe the money. But you should DEFINITELY send that debt validation letter first, if you haven't already.
I agree with the debt validation.
If they ( the OP) didn't receive a bill from the landlord for the carpet, then how can they now be in collections?
OP: Did you do a walk thru with the landlord before you turned the keys in and had them sign off on something saying the place was good to go?
If the LL had a claim against the tenant he should have addressed it at the time the security deposit was due to be returned in accordance with state law. By returning the security deposit he eliminated any further right to pursue alleged damages.
If the LL had a claim against the tenant he should have addressed it at the time the security deposit was due to be returned in accordance with state law. By returning the security deposit he eliminated any further right to pursue alleged damages.
That's what I was thinking, but wasn't sure if I was missing something.
If they ( the OP) didn't receive a bill from the landlord for the carpet, then how can they now be in collections?
The OP says she received a letter or bill with a total amount of the damages assessed.
In hindsight I tend to agree that if the landlord returned the full deposit, even if accompanied by a letter requesting payment for carpet replacement, then that's that. I'm just basing my hesitation on the fact that I know nothing about Virginia rental laws or how the courts would weigh in on something like this.
On the other hand, if the LL returned the deposit less a deduction for the carpets, and is now trying to come after the OP for some remainder, then the LL needs to go pound sand.
In hindsight I tend to agree that if the landlord returned the full deposit, even if accompanied by a letter requesting payment for carpet replacement, then that's that.
On the other hand, if the LL returned the deposit less a deduction for the carpets, and is now trying to come after the OP for some remainder, then the LL needs to go pound sand.
It seems from the OP's response, neither, viz:
"We did get our deposit back and then the letter for damages ..."
The Virginia Residential Landlord and Tenant Act (VRLTA) governs handling of security
deposits by all landlords except those who own no more than four single-family houses or
condominium units. Below is a summary of the main provisions of the law:
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