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RobertJDFL, Attorney
Category: Landlord-Tenant
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Security deposit return in VA in case of property damage

Customer Question

Security deposit return in VA in case of property damage
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  RobertJDFL replied 11 months ago.

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During the 45 days after you move out, the landlord can use all or part of the deposit for damages that you caused to the property, as long as the damages are not "reasonable wear and tear." For instance, if you lived somewhere for a long time, the carpet may not look new any more and the walls may need to be painted. That is reasonable wear and tear and you should not have to pay for the carpet to be replaced or the walls repainted. However, if you burn a hole in the carpet or you punch a hole in the wall, those are damages, not normal wear and tear, and the landlord can deduct the cost of those repairs from your deposit.

So if there is damage to the home caused by a tenant, a landlord generally can deduct for that. The landlord must list all the deductions that were made from the deposit and inform a tenant of such. If the landlord had to get someone else to make the repairs, then they are allowed an additional 15 days beyond the 45 days to provide you notice of those deductions.

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