THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, February 25, 1995 TAG: 9502230227
SECTION: REAL ESTATE WEEKLY PAGE: 02 EDITION: FINAL
COLUMN: Landlords & Tenants
SOURCE: Albert Teich Jr.
LENGTH: Medium: 86 lines
Our lease was to expire on May 1 but my husband and I broke it because we bought a house. I notified the landlord at the end of October that we had signed a contract to buy a house and he indicated there would be no problem other than forfeiting the $350 security deposit.
We had no problem with that but what we are disputing is that the letter we received from the landlord included an additional bill for damages in the amount of $330. We feel that the forfeited money deposit should be more than adequate to take care of the claimed damage.
The damages include a charge to strip and wax all floors, clean the stove, clean the refrigerator, repair broken cabinets, extra cleaning, repair of a bathroom faucet drip, replace the tub caulking, remove cabinets from the wall, repair the blinds, repair a hole in the bedroom door and remove wallpaper and additional painting to cover the paint we had put on the wall.
The landlord never did give us a walk-through after we left. We asked to make an appointment with the landlord to check the apartment and he said he did not do that.
We feel that the $350 should be more than adequate to cover the $330 charge for damages. Further, we contest some of the charges. We want to know what is the worst scenario if we do not pay the bill.
Would we have to pay the landlord's attorney fees? Would the case be heard in small claims court? Would we have to pay interest on the landlord's claim?
First of all, I believe that you were most fortunate to be able to have terminated your lease six months before the end of the term.
Buying a house is not a valid excuse to terminate a lease on another residence; therefore, the landlord could have said that you would not be excused from the balance of the term and could have demanded that you continue paying rent until the end of the lease term.
Apparently your landlord said that you would be released upon the condition that you forfeit your $350 deposit. That really is not bad when you consider that your rent was $435 a month, according to your lease. I think you probably had a fairly good landlord except for the other items you wrote about.
As for stripping and waxing all the floors, I do not believe the landlord would be entitled to $50 for that charge. I believe it would probably fall under normal wear and tear for which you are not liable.
As to cleaning the stove and refrigerator, you say you did that yourself and that you do not feel you should have to pay the $25 cleaning bill for each one of those items.
I agree. I do not believe that the landlord really paid anyone $25 to clean the stove and an additional $25 for the refrigerator.
As for the broken cabinets, if you broke them, you are liable for the damage. I do not know what extra cleaning was, but you were required to leave the place in a good and clean condition and, if it was not done, then, of course, you would be liable for that charge.
As to repairing the bathroom faucet, we have looked at your lease and do not find a provision whereby that would be your obligation as I think it would be normal wear and tear. The same is true for the tub caulking. If you tried to remove the mildew and could not get all of it, I would certainly contest that charge.
As for removing the cabinets from the walls, if you put the cabinets there, you would be obligated to remove them when you leave. If you didn't do so and repair any damage to the walls, the landlord could charge you for that. A $25 charge for that isn't bad.
I do not know what the damage to the blinds consisted of. If it is normal wear and tear, you are not liable. The hole in the bedroom door is obviously not wear and tear and you would be liable for that and the $25 fee is not bad.
If you painted flowers and vines and put a border on the wall, you would be liable for that charge and $50 is not an unreasonable fee for painting.
As far as attorney's fees are concerned, the lease does provide that if the landlord sues you, you would be liable for the landlord's reasonable attorney fees.
However, the Virginia Residential Landlord-Tenant Act requires that you be given an opportunity for a walk-through with the landlord after you leave the premises, and you have indicated that he refused your request for a walk-through. If that is the case, we believe you are not obligated to pay any of the landlord's charges for the so-called damage. MEMO: Albert Teich Jr. is a real estate lawyer based in Norfolk. Send
comments and questions to him at Real Estate Weekly, 150 W. Brambleton
Ave., Norfolk, Va. 23510. by CNB