security deposit

[Anonymous]

Hello,
I moved out of my rental (condo) about 50 days ago, since then I haven't heard back from the landlord about my security deposit. I wanted to give him some time before contacting him but he still has not told me anything pertaining to it. I'm thinking he might want to keep it. Is there any law about how long a landlord has to return the sec. Deposit after move out? Thank you

[Anonymous]

VA law 45 days.

[Anonymous]

I read online that the 45 days doesn't apply if the lanlord owns less than 10 units. Is it true? This landlord owns 2 condos

[Anonymous]

Yes, 45 days. But, were there any damages that may be deducted? Either way, he should have notified you by now.

[Anonymous]

I own and rent two units in DC and I've always abided by the 45 day "rule." You can certainly demand a report on how the deposit was used, if the landlord refuses to return it.

[Anonymous]

I just looked at my lease and it did in it that it should be returned within 45 days and within 30 days I should receive itemize deductions. I never received anything, I will email him now

[Anonymous]

So he got back to me and stated that he was waiting to see if I paid the last utility bills, which is weird since he never even asked for those, but okay! Then he said he is taking $150 off of my deposit, $100 for handyman who painted and $50 for paint. I do not want to pay for this. I lived there for 2 and a half years, when I moved in , he did not paint the house and before i moved in, the previous tenant was there for 2 years, there were marks on the walls when i moved in. I did not damage the walls, or anything, I hung maybe 6 pieces of art in the entire house while i lived there. Is this something i can be charged with? Thanks

[Anonymous]

Anonymous wrote:So he got back to me and stated that he was waiting to see if I paid the last utility bills, which is weird since he never even asked for those, but okay! Then he said he is taking $150 off of my deposit, $100 for handyman who painted and $50 for paint. I do not want to pay for this. I lived there for 2 and a half years, when I moved in , he did not paint the house and before i moved in, the previous tenant was there for 2 years, there were marks on the walls when i moved in. I did not damage the walls, or anything, I hung maybe 6 pieces of art in the entire house while i lived there. Is this something i can be charged with? Thanks

Painting is usually considered normal wear and tear and is the landlord's responsibility. The only exception would be if you painted the walls and did not paint them back or if someone scribbled in marker all over the walls.

[Anonymous]

OP Here- No I did not paint the walls while I was living there and nothing was scribbled on the walls. I think he just wants me to pay for the ordinary wear and tear so that he doesn't have to do anything on the unit. He had someone move in the day after I moved out, I had the house professionally cleaned, carpets professionally cleaned and all in order.

[Anonymous]

Anonymous wrote:OP Here- No I did not paint the walls while I was living there and nothing was scribbled on the walls. I think he just wants me to pay for the ordinary wear and tear so that he doesn't have to do anything on the unit. He had someone move in the day after I moved out, I had the house professionally cleaned, carpets professionally cleaned and all in order.

Ideally, you would take pictures before you occupied the apartment and when you left the apartment. Not necessary though as LL is the one that needs to prove damages.

E-mail him back, tell him you consider that normal wear and tear and that it is his responsibility and see what he says.

One other point. Check your lease to see if it has an attorneys fee provision. You can certainly handle this in small claims court if need be, but if the lease provides for attorney fees then (i) you don't have to deal with it and (ii) there's a far greater incentive for him to pay you back so he's not stuck with a $500+ judgment for your deposit + attorney fees.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP Here- No I did not paint the walls while I was living there and nothing was scribbled on the walls. I think he just wants me to pay for the ordinary wear and tear so that he doesn't have to do anything on the unit. He had someone move in the day after I moved out, I had the house professionally cleaned, carpets professionally cleaned and all in order.

Ideally, you would take pictures before you occupied the apartment and when you left the apartment. Not necessary though as LL is the one that needs to prove damages.

E-mail him back, tell him you consider that normal wear and tear and that it is his responsibility and see what he says.

One other point. Check your lease to see if it has an attorneys fee provision. You can certainly handle this in small claims court if need be, but if the lease provides for attorney fees then (i) you don't have to deal with it and (ii) there's a far greater incentive for him to pay you back so he's not stuck with a $500+ judgment for your deposit + attorney fees.

No, the lease doesn't provide attorney fees. I responded back stating it was normal wear and tear. When i moved in, he did not paint the walls, and the previous tenant was there for 2 years, i lived there almost 3 years, and during this whole time, the unit was not painted. He said he did some "Touch up", I don't think im responsible for "touch up" that the landlord does at move out. This is why I really hate renting, your sec. deposit is always at the mercy of the landlord ugggghhh

[Anonymous]

Landlord here. It's not your responsibility.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP Here- No I did not paint the walls while I was living there and nothing was scribbled on the walls. I think he just wants me to pay for the ordinary wear and tear so that he doesn't have to do anything on the unit. He had someone move in the day after I moved out, I had the house professionally cleaned, carpets professionally cleaned and all in order.

Ideally, you would take pictures before you occupied the apartment and when you left the apartment. Not necessary though as LL is the one that needs to prove damages.

E-mail him back, tell him you consider that normal wear and tear and that it is his responsibility and see what he says.

One other point. Check your lease to see if it has an attorneys fee provision. You can certainly handle this in small claims court if need be, but if the lease provides for attorney fees then (i) you don't have to deal with it and (ii) there's a far greater incentive for him to pay you back so he's not stuck with a $500+ judgment for your deposit + attorney fees.

No, the lease doesn't provide attorney fees. I responded back stating it was normal wear and tear. When i moved in, he did not paint the walls, and the previous tenant was there for 2 years, i lived there almost 3 years, and during this whole time, the unit was not painted. He said he did some "Touch up", I don't think im responsible for "touch up" that the landlord does at move out. This is why I really hate renting, your sec. deposit is always at the mercy of the landlord ugggghhh

I agree that sucks, unfortunate no attorney fees in the lease. I'd try to work it out with him if you can. If not, the only thing you can do is take him to small claims court.

[Anonymous]

He was late getting the notice to you, and hasn't refunded your deposit yet. That comes with penalties where I am (MoCo).

Remind him of that when you tell him to give you the deposit back in full, with interest, or you'll get the county involved.

[Anonymous]

Anonymous wrote:He was late getting the notice to you, and hasn't refunded your deposit yet. That comes with penalties where I am (MoCo).

Remind him of that when you tell him to give you the deposit back in full, with interest, or you'll get the county involved.

But I am in loudoun county in va, I don't think they have that law here