If my landlord is trying to deduct from my security deposit for a crack in the wall that obviously was not human caused, is that legal?
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If my landlord is trying to deduct from my security deposit for a crack in the wall that obviously was not human caused, is that legal?
Asked on November 7, 2012 under Real Estate Law, Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country a tenant's security deposit can only be used by the landlord to pay for damages caused by the tenant or his or her guests or pets. Assuming the crack in the wall that the landlord wants to charge you for was not caused by you but is due to ground displacement and the like, the landlord must prove that you caused the crack. I suggest that you take photos of it in the event that the dispute over your security deposit escalates.
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