My Landlord Won't Return Remainder of Security Deposit

[TeeBee34]

What is the name of your state (Virginia)?

Hello everyone. I am new to this board. Here is my question

My husband and I rented a single family residence in Virginia from March of 2006 to September of 2009. When we moved out we did a walk through and was told by the landlord that everything was fine. She handed over a cashiers check in the amount of $1500 and we turned over the keys to the residence. We were told that the remaining $750 of the security deposit would be returned to us by mail in 30 days. Well on day 46 we received a letter from the landlord outlining all of this damage she claims was done to the property which is a lie and demanded that we pay her additional money in addition to keeping the remainder of our security deposit. She is specifically charging for fixing a filter inside of a refrigerator that she claims was due to non-maintenace on the refrigerator for 3 years however in the lease it specifically states that appliances are the responsibility of the landlord. She is charging over $1200 to replace the entire vinyl floor in the kitchen due to a quarter sized knick in the floor that was there when we moved in. My question is, what remedy do we have as her former tenants? I mean who replaces an entire floor based on a quarter sized knick in the floor?

 

[E.Rodriguez]

Your remedy is to write her and demand a full explanation including receipts or estimates for the repair she claims to need to do.

If you do not agree, tell her you are going to have to file suit to see if she is entitled to the money she is claiming or not.

 

[JETX]

My question is, what remedy do we have as her former tenants? I mean who replaces an entire floor based on a quarter sized knick in the floor?

No one can guess whether the landlord was correct in not providing a FULL refund of your security deposit.... especially in only hearing your side of the story and without actually seeing any PROOF of either claim.
Your only recourse is to pursue your claim for improper deductions in your local small claims court where the court can review the documents and see the evidence.
If the court agrees, they will order the landlord to return the improperly withheld funds... or better.
I say or better since most state laws hold the landlord liable for any faults and can penalize them by restricting or preventing the deductions.

You need to read your state security deposit laws to see what obligations the landlord has and whether the landlord complied with them.

Google '(insert your state) security deposit law' and you will find LOTS of links to your state laws.