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[VA] Can my landlord deduct from my deposit for improper drywall repairs?

My tenant left my one-bed, one-bath apartment with drywall repair putty covering nail holes and other damage. The putty is a different color than the paint. I deducted from their security deposit and sent an itemized letter. They’re claiming it’s “normal wear and tear.”

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Andres Sanchez
Andres Sanchez

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Under Virginia law:

  • Normal wear and tear does not include negligent or improper repairs (Va. Code § 55.1-1220(A)).
  • Landlords may deduct for damages beyond normal wear and tear.
  • An itemized list must be sent within 45 days (Va. Code § 55.1-1226(B)).
  • Tenants must maintain the premises and not damage it.

Here’s what you should do:

  1. Review your lease to confirm tenant repair obligations.
  2. Keep all documentation organized (photos, checklist, itemized letter).
  3. Clearly communicate that the deductions are for damage beyond normal wear and tear.
  4. Consider mediation if the tenant continues to dispute.
  5. Be prepared to defend your deductions if the matter goes to court.

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Virginia Security Deposit Demand Letter

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My tenant left my one-bed, one-bath apartment with drywall repair putty covering nail holes and other damage. The putty is a different color than the paint. I deducted from their security deposit and sent an itemized letter. They’re claiming it’s “normal wear and tear.”

Lexi

Lexi, Chatbot

I’m sorry you’re dealing with that. How long did the tenant live there?

Two years.

Lexi

Lexi, Chatbot

Did you document the condition before and after the tenancy?

Yes. I have a signed move-in checklist and photos of the damage they left.

Lexi

Lexi, Chatbot

Anything else the landlord-tenant lawyer should know?

Nothing else.

Andres Sanchez

Andres Sanchez

Hi, I’m Andres Sanchez. I understand you’re dealing with a security deposit dispute over drywall repairs. Have you dealt with disputes like this before?

No.

Lexi

Lexi, Chatbot

Where is the property located?

Arlington, Virginia.

Andres Sanchez

Andres Sanchez

Does your lease address tenant responsibility for repairs or maintenance?

I took photos of their attempted drywall repairs and sent an itemized list with pictures and a cashier’s check for the remaining deposit.

Andres Sanchez

Andres Sanchez

Under Virginia law:

  • Normal wear and tear does not include negligent or improper repairs (Va. Code § 55.1-1220(A)).
  • Landlords may deduct for damages beyond normal wear and tear.
  • An itemized list must be sent within 45 days (Va. Code § 55.1-1226(B)).
  • Tenants must maintain the premises and not damage it.

Here’s what you should do:

  1. Review your lease to confirm tenant repair obligations.
  2. Keep all documentation organized (photos, checklist, itemized letter).
  3. Clearly communicate that the deductions are for damage beyond normal wear and tear.
  4. Consider mediation if the tenant continues to dispute.
  5. Be prepared to defend your deductions if the matter goes to court.

Sounds like I did the right thing. Thanks.

Andres Sanchez

Andres Sanchez

You’re welcome. You should receive a transcript of this chat by email. Have a great day.

Andres Sanchez

Andres Sanchez

22,292 satisfied customers

Andres Sanchez
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