Excessive Charges to Security Deposit

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pointledge

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I recently vacated a single family home in Northern Virginia that my family had happily rented for 4 years and 2 months. The landlord was out of town the week we vacated so no joint check-out inspection was conducted. I failed to take pictures before departing, but have a number of neighbors, one of whom is a realtor, that were in the house with me right up until vacate day. In accordance with my lease, I cleaned the house, including professional gutter cleaning, flea and tick prevention, and carpet cleaning, and provided copies of the receipts to my landlord.

Within the alloted time, my landlord sent me an itemized list of damages totalling over $5,000 and threatening to sue me if I don't pay her. Not worried about her threatening tone, I am drafting my response letter and would appreciate a reality check on some of the items my landlord has listed.

(1) Whole house repair, spackle, caulk, paint - $4,100 less 50% for wear and tear = $2,050.

Landlord provide copies of her labor estimate from the company that performed services ($3,100) and cancelled checks totalling $4,100 (labor plus supplies).

Prior to departure, I cleaned the walls as best a I could and filled all the holes we had created (picture hangings and one baseball identation). While I appreciate the 50% wear and tear discount, I do not feel I should pay for unspecified repairs, caulking of the crown molding/trim, or painting. I'm willing to offer her 10% of the costs to cover any damages but do not feel responsible for a whole house paint job (the house is 8 years old with original paint job).

(2) Carpet Cleaning $315

This one should be easy. I had the carpets cleaned and even deoderized the berber carpet and provided receipts per my lease. I should not have to pay for a second professional carpet cleaning correct?

(3) Light Bulbs $28

Not a big one. I replaced all the light bulbs in the house prior to vacating. Apparently the landlord replaced the kitchen pot lights with a different style bulb. Am I responsible for replacing light bulbs with the same kind as when I moved in or simply suitable replacements?

(4) Unclog Pipes $240

Landlord claims that pipes were slow draining and she hired a plumber to clean all the drains. I had no problems in the 4 years we lived there. Is this wear and tear, or even necessary?

(5) Dishwasher backs up $425 less 50% wear and tear = $212.50

Landlord claimed dishwasher was backed up and replaced it. It was in fine working condition when I left. I don't think I should pay for it at all.

(6) Stove/Oven not working $560 less 50% wear and tear = $280

Landlord said it was not working. It was fine when I vacated. I highly suspect that landlord failed to turn the gas on (I cancelled gas service upon my vacating the premises) as she also claims the gas fireplace didn't work. Nonetheless, she replaced the oven/stove and wants me to pay half. I don't think I owe anything here, certainly there was no damage to the stove/oven when I left.

I know my landlord was interested in selling this property and I suspect a lot of the work she did (replacing appliances and painting the whole house) was intended to prepare the house for sale. Needless, I feel that most of her claims are for items that are either wear and tear or not damages caused by my occupancy. Would appreciate the forums opinion.
 
Pictures at moveout (should this come to a lawsuit) would have been useful.

Would any of these neighbors who were in the house up to move out be willing to testify for you as to the condition of the place at moveout? Not simply provide a signed statement but actually be present at the hearing?

I tend to agree with you in your contention that replacement of the appliances was simply to get the house ready to sell. Most landlords (assuming these appliances were broken) would tend to simply get these repaired, not replaced (unless they were in such bad shape that repair was impossible).

Gail
 
Yes, Gail, I'm quite sure I could get more than one neighbor to accompany me.

I don't know how many rental properties my landlord owns which is a concern for me. Under VA law, the Virginia Residential Landlord and Tenant Act does not apply unless she rents out more than 4 single family properties.

A related question: Am I entitled to any of the interest paid on the escrowed security deposit?
 
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