State Specific Question About: VIRGINIA (VA)

My wife and I have been renting our townhouse out for the past 2 years to the same tenant. Their lease expired last week on April 30 and we arranged to complete a walk through on May 2.

There has been some damaged that was noted on the walk through for their check out as well as the fact that our townhome looked like it had not been clean in some time.

After notifying the tenants that we were going to be witholding their security deposit to repair the damages as well as have the house cleaned, they informed us of their intentions of seeking a lawyer. They also proceeded to take pictures of the property. We also took some pictures. I went back to the house the following day and found a few more items that I did not see on our initial walk through.

My main question would be what is our next step besides taking pictures of everything and providing the tenants with an itemized written document?

Are there any other steps that we need to take to protect ourselves legall?

Any help would be great. Thank you!

You need to read your state statutes on the subject. You likely will have to get quotes from contractors for repairing the damage to justify holding the deposit.

In NC you may not do the work yourself and bill for time. You can do the work yourself and deduct the cost of materials, if you have copies of invoices where you purchased them.

Your time is not billable, a hired professional is.

Hi Scott and thanks for the post

A thought .. perhaps do the review prior to the tenants moving in.. pictures and all with a witness.. I use a comercial cleaner.. and the move out again after they are gone..

Note that you have usually 30 days to account for funds etc..

Avoid the confrontation..

Number of times tenant has threatened to sue me: approx 100

Times sued: 0

I always get my SD accounting out within 30 days, although I believe we have 45 days. Send them an itemized list of the deductions and leave it at that.

Don't let their threats intimidate you, that's what they are trying to do. Last time a tenant told me they were getting a lawyer I said "Good, then your lawyer can advise you I am within the law."

Like many others here, I have been threatened but they never follow thru. And if they do, Virginia is a LL friendly state.

I also live in Virginia - you have 45 days to return the deposit; I usually mail refunds at between 20 and 30 days after a move.

But I never tell tenants anything about deposit deductions verbally. This is always done by mail, and never before at least two weeks have passed after they move out.

You want to do this in a professional manner, and when a tenant receives the info by mail with the detailed and itemized list of deductions, they can see exactly what and why you are deducting...

And if they are still distressed, they have time to cool down, which they wouldn't have if they were talking with you directly.