Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Thank you for choosing Just Answer.
-Could you explain your situation a little more?
How many months deposit did they keep ?
Was an itemized listing of the damage provided to you ?
I will be better able to assist you with answers to the above.
Under Virginia law the landlord has 45 days to produce an itemized statement of damages> failing to provide such a itemization can eliminate the landlord's claim for damages See:
§ 55-248.15:1.(A) Security deposits
§ 55-248.15:1 (C). Security deposits
C. Upon request by the landlord to a tenant to vacate, or within five days after receipt of
notice by the landlord of the tenant's intent to vacate, the landlord shall make reasonable
efforts to advise the tenant of the tenant's right to be present at the landlord's inspection of the dwelling unit for the purpose of determining the amount of security deposit to be
returned. If the tenant desires to be present when the landlord makes the inspection, he
shall so advise the landlord in writing who, in turn, shall notify the tenant of the time and
date of the inspection, which must be made within 72 hours of delivery of possession.
Upon completion of the inspection attended by the tenant, the landlord shall furnish the
tenant with an itemized list of damages to the dwelling unit known to exist at the time of
It appears the landlord failed to perform the walk through as required.
If the landlord does not provide an itemized list of damages with reasonable costs deducted you can sue to get your deposit back. You would file suit in the small claims court. At that hearing you raise the issue of the failed walk through, you can address the charges for damage as being excessive (you need to get your own estimate), and you can raise the issue of the early termination as a breach of the rental agreement which prevented your repair of the property. You can also raise the issue of interest not being paid to you (although given current interested rates not a big item).
The Court can award you what it determines the proper amount is out of the deposit the landlord kept. You an try to ask for the value of the propane since it is a benefit that the landlord is retaining. This might be a little more difficult to obtain. You may be able to get this from a subsequent tenant under a theory of "unjust enrichment".
If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.
This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).