Full question:
Can a landlord keep a $750.00 security deposit for "There is no security deposit to be returned as it was applied to the plumbing repairs caused by your turning of the heat in February. I lived in a little school house that was 12 feet by 40 feet.
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: Virginia
Answer:
In Virginia, a landlord may not keep a security deposit without proper justification. According to Virginia law (Va. Code § 55-248.15:1), a landlord can apply a security deposit to cover unpaid rent, damages beyond normal wear and tear, or other charges specified in the rental agreement. However, they must provide a written notice to the tenant itemizing any deductions within 45 days after the tenancy ends.
If the landlord claims the deposit was used for plumbing repairs, they must demonstrate that these repairs were necessary due to the tenant's actions and that the tenant was notified of any deductions during the tenancy. If the landlord fails to comply with these requirements, the tenant may be entitled to the return of the deposit, plus interest, and possibly additional damages.
It’s important to note that if the tenant caused the damage through negligence or intentional actions, the landlord may have a valid reason to retain the deposit. However, if the landlord does not follow the legal process for deductions, they may be required to return the full deposit.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.