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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 17483
Experience:  B.A.; M.B.A.; J.D.
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Location: I've been renting townhouse from private owner

Customer Question

Location: VirginiaI've been renting townhouse from private owner for 10 years. I pay on time and keep the place clean and tidy. I take care of it, but the house is 24 years old and the seams are showing, the carpet is so incredibly aged, the walls are normal dirty for 10 years. I have asked my landlord for new carpet and fresh paint. He said no.
I'm looking to rent elsewhere as I feel I want something "nicer". The house is showing obvious signs of aging. Parts of the flooring under the carpet have dips.
My question: I paid $1600 deposit 10 years ago moving in. Can he keep that for normal 10 year wear? Also, do I get $1600 back or $1600 plus interest?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 9 months ago.

I've been renting townhouse from private owner for 10 years. I pay on time and keep the place clean and tidy. I take care of it, but the house is 24 years old and the seams are showing, the carpet is so incredibly aged, the walls are normal dirty for 10 years. I have asked my landlord for new carpet and fresh paint. He said no.
I'm looking to rent elsewhere as I feel I want something "nicer". The house is showing obvious signs of aging. Parts of the flooring under the carpet have dips.
My question: I paid $1600 deposit 10 years ago moving in. Can he keep that for normal 10 year wear?

Response 1: No, the Landlord cannot do that. Virginia Residential Landlord and Tenant Act, Code of Virginia Title 55 Chapter 13.2 Section 55-248.15.1 only allows Landlord to deduct for damages made to the unit and for past due rent; normal wear and tear not included.

http://law.lis.virginia.gov/vacode/title55/chapter13.2/section55-248.15:1/

Also, do I get $1600 back or $1600 plus interest?

Response 2: Unfortunately, you would only get back $1,600.00. There is nothing in Code of Virginia that requires that this Security Deposit amount be put in an interest bearing account.

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