We received your check for our security deposit with a large deduction for the replacement of a gasket. (Your letter says washing machine, the bill states it is LG dishwasher.) It was not abused and any replacement of a gasket falls under the description of normal wear and tear, by any definition.
I do not know the age of the machine, however, we have lived there for 4 and a half years and it was not new when we moved in.
It always had an odor , which is a known problem for front loading washers.
We cleaned it, and never abused it. We had to live with that odor, we did not cause it.
How soon after we moved out did you come to examine it? (As you had not removed the trash after 3 weeks and had to rely on my neighbor to take out the bins, I can assume you did not visit within that time frame.) Perhaps the mold mentioned built up in that time especially if the door closed during that time period. (We always left it open to reduce the smell.)
According to Arlington Tenant law you had a right not to pay us interest on our $3900 deposit (for almost 5 years at 5% -- you reaped that benefit) But you do NOT have a right to charge us almost $500 for normal wear and tear on a used washing machine gasket with dubious value. (If it was malodorous you should have cleaned it!)
We cleaned the rugs and home professionally for almost $500. We are entitled to a full refund.
My husband will be contacting the owner for a refund of your charges. If he does not agree, and if the funds are not returned we will sue both you and the owner for a refund.
Please provide your full legal address and the correct recipient for our paperwork.
When can the landlord deduct money from my security deposit?
The landlord can deduct money from your deposit for 45 days after you leave the home.
During the 45 days after you move out, the landlord can use all or part of the deposit for damages that you caused to the property, as long as the damages are not "reasonable wear and tear."
For instance, if you lived somewhere for a long time, the carpet may not look new anymore and the walls may need to be painted. That is reasonable wear and tear and you should not have to pay for the carpet to be replaced or the walls repainted.
https://guides.valawhelp2go.org/security-deposits
What if the landlord does not return all or part of the security deposit that I feel that I am entitled to?
If you don't get your expected security deposit returned, you can take your landlord to court.
You can file a lawsuit, called a Warrant in Debt, in the General District Court where the property is located. A fillable form of the Warrant in Debt is available on the Virginia courts website: http://www.courts.state.va.us/forms/district/dc412.pdf read more