*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.
Q: We recently had tenants move out and found a severe infestation of fleas in the carpeting in the property. Needless to say, there was no such infestation when the tenants moved in two years ago. We never received any maintenance requests to treat for fleas or any other infestation. As we now need to hire a professional exterminator to fumigate the property, can we deduct the extermination costs from the security deposit?
A: Yes, in this scenario the costs incurred for remediating the infestation can be deducted from the security deposit. The Virginia Residential Landlord and Tenant Act (VRLTA) § 55.1-1227(3) states that tenants are obligated to keep, “the premises that he occupies free from insects and pests… and promptly notify the landlord of the existence of any insects or pests.” In this case, the tenants failed to maintain the property in such a way as to keep it free from pests. The tenants also failed to promptly notify the landlord of the infestation of fleas. As such, the tenants breached their duties under the VRLTA and can be charged for the damage incurred by the landlord.
Have a question about this article? Submit it to the Legal Hotline!
The Legal Hotline is a member benefit that has been supporting members for over 25 years. Our team of lawyers answers your important questions about real estate transactions quickly and accurately (usually within three business hours!).
Here are some tips to help make the Legal Hotline work for you!
The post “Can we deduct extermination costs from the security deposit?” appeared first on Virginia REALTORS®.