Real Estate Agent · Spring, TX · Member since 2015 · 52 posts · 13 votes
I recently moved out of a rental property, and I just received a notice from my landlord about some ridiculous charges against my security deposit, which strangely add up to almost the exact amount of my deposit (Hmm...). This guy was one of the worst landlords I have ever experienced and I want the BP opinion on what, if anything, I should do.
First, there was never any move in inspection of the premises, despite the fact that he told us there would be, and my reminding him that it did not happen. This is terrible because the condition of the house upon move in was atrocious, but my wife and I had nowhere else to go.
Second, after texting him pictures of mold outbreaks in the house he simply responded with a question mark and asked me to take care of it.
I was separating from the military when I moved out, and I think he is taking advantage of the fact that I will be out of state. He is located in Virginia and I am now located in Texas.
Rental Property Investor · Olympia, WA · Member since 2012 · 543 posts · 311 votes
9y
@Josh Sandefer, Josh since you believe this landlord has wronged you, as would I, do your self and the rest of Virginia a favor and at least sue the landlord for your deposit in small claims court. It is fairly simple. Typically a small claim is just a few pages of forms and your written statement. of filing fee of less than $40, and proof you notified the other party. You can ask the court to either decide the matter based on the written record that you submit, or to allow you to appear telephonically -meaning you do not need to go to Virginia for the suit. Confirm you do not need to make a personal appearance with the small claims court before filing, but most don't require it. Deciding on the question on the written record makes it harder to win, because the judge usually has pivotal questions. On the other hand it is likely that a bad actor land lord would neither appear nor respond to your suit. In that case the only record before the judge would be info you gave him.
Really brother doing a small claim is not difficult. Further, even if by some deceit the landlord prevailed, you'll be glad you pursued him because you'll know that you did what the situation called for, the courts will be aware that the landlord has had this problem before, and you will be all the more confident next time you encounter a scoundrel. Best Wishes.
Rental Property Investor · Tucson AZ / Nice FR / Washington DC · Member since 2016 · 1k+ posts · 1k+ votes
9y
First rule; always do the walkthrought, and submit it to the landlord, plus keep a copy once they sign off on it.
Normal wear and tear is as if you locked the door and never lived there type wear and tear.. so that means your going to have a hard fight if you did not have a signed walkthrought, as the landlord can say you damaged it as you have no proof it was already like that. Always get a walkthrought and always have everyone sign it.
Real Estate Agent · Spring, TX · Member since 2015 · 52 posts · 13 votes
9y
@Levi T. what do you think about this clause in Virginia Law? One non lawyer to another.
§ 55-248.11:1. Inspection of premises.
The landlord shall, within five days after occupancy of a dwelling unit, submit a written report to the tenant, for his safekeeping, itemizing damages to the dwelling unit existing at the time of occupancy, which record shall be deemed correct unless the tenant objects thereto in writing within five days after receipt thereof. The landlord may adopt a written policy allowing the tenant to prepare the written report of the move-in inspection, in which case the tenant shall submit a copy to the landlord, which record shall be deemed correct unless the landlord objects thereto in writing within five days after receipt thereof. Such written policy adopted by the landlord may also provide for the landlord and the tenant to prepare the written report of the move-in inspection jointly, in which case both the landlord and the tenant shall sign the written report and receive a copy thereof, at which time the inspection record shall be deemed correct. If any damages are reflected on the written report, a landlord is not required to make repairs to address such damages unless required to do so under § 55-248.11:2 or 55-248.13.
Rental Property Investor · Tucson AZ / Nice FR / Washington DC · Member since 2016 · 1k+ posts · 1k+ votes
9y
See my last post as that is what I just talked about. You did not get/submit a walkthrought report on entry and exit, that's what that section of the law is talking about. Your SOL bud.
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
Send Landlord reply within the state guidelines of Virginia, Requesting the full deposit back, Or complete itemized repair list with copies of all receipts for any purchased items used for repairs, and copy of paid receipts for and labor charged by outside contractors.
With the above Statue that @Levi T. included. State that you will not be satisfied until your complete deposit is returned and you will seek the maximum permited by law for unlawfully withholding the security deposit.. You may not have long to send back a reply so get the ball rolling.
NOt sure if you took any photo's of the place when you left to support the condition of the unit..
Do you want to go back to Virginia to fight your case. You made some mistakes when you moved in by not protecting yourself, is it worth your time effort and expense or would you be better off simply accepting lesson learned.
Many landlord will gamble the tenant will decide it is not worth the battle and those landlords are usually right. It often isn't worth the aggravation to the tenant based on the risk of not winning.
Real Estate Entrepreneur · Mid West, East Coast · Member since 2015 · 3k+ posts · 1k+ votes
9y
@Josh Sandefer Sorry to hear about your experience. This will definitely make you a great landlord if that is your investment path. I'd say let it go and move on my friend. Best of luck!
Real Estate Agent · Spring, TX · Member since 2015 · 52 posts · 13 votes
9y
@Deanna McCormick @Greg S. @Shawn Ackerman , thank you all for your input. It is definitely a lesson learned (Although I own a house now, so I won't be dealing with the tenant side any more). I just wish there was a way to get back at this guy. Feeling like you've been taken advantage of is pretty rough. Oh well, Greg is right, this wil definitely help me to be a better Landlord in the future, and I hope to never make anyone go through anything like what I and my family had to endure with these people.
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
@josh
Josh, you might find a letter to the landlord is still worth a try, He sounds like a jerk but a stamp is all it's going to take to send him a response,, He's probably rented the place out again,, might be worth a heads up to the new current tenant about his tactics, Someone should stop him in his tracks. Or call the city and report mold issues, you have the support from old photo's to do that.
Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
9y
It's a good policy and management practice to perform both move-in & move-out inspections with the tenant present. Document issues and sign. There's a form in the Tools->FilePlace that can be used. Also helpful to take pictures at the same time.
Rental Property Investor · Olympia, WA · Member since 2012 · 543 posts · 311 votes
9y
@Josh Sandefer, Josh since you believe this landlord has wronged you, as would I, do your self and the rest of Virginia a favor and at least sue the landlord for your deposit in small claims court. It is fairly simple. Typically a small claim is just a few pages of forms and your written statement. of filing fee of less than $40, and proof you notified the other party. You can ask the court to either decide the matter based on the written record that you submit, or to allow you to appear telephonically -meaning you do not need to go to Virginia for the suit. Confirm you do not need to make a personal appearance with the small claims court before filing, but most don't require it. Deciding on the question on the written record makes it harder to win, because the judge usually has pivotal questions. On the other hand it is likely that a bad actor land lord would neither appear nor respond to your suit. In that case the only record before the judge would be info you gave him.
Really brother doing a small claim is not difficult. Further, even if by some deceit the landlord prevailed, you'll be glad you pursued him because you'll know that you did what the situation called for, the courts will be aware that the landlord has had this problem before, and you will be all the more confident next time you encounter a scoundrel. Best Wishes.
Investor · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
9y
It doesn't cost you anything to send a letter back requesting documentation of the charges and proof that the items were in good condition when you moved in and damaged when you moved out.
If there are any items you agree with, state them and state that he owes you $xxx for the other items. Request a response within 14 days.
Keep it factual, don't add emotion. Don't go back to any past requests (unless they are relevant).
Worth a shot. If you have a lawyer friend, include their name as a cc: on the letter. Worst case, you don't get a response and can decide to pursue small claims court or you can write it off as a learning experience.
Good luck!
DISCLAIMER: This is not legal advice and should not be construed as such.
The statute you referenced may not be applicable. If the landlord owns fewer than 4 properties, and if he used a common law lease, then he may not be subject to the Virginia Residential Landlord Tenant Act and the statute may not apply. If that is the case, whatever is written in the lease would govern, unless a judge says otherwise.