I live in VA and I am a little confused about what happens if my landlord has not complied with the 45 days he has to give me my deposit or partial deposit and a letter explaining deductions. I know he has 45 days, but nothing is real clear about what happens to the landlord if he doesn't comply. I want to send him a letter, but I want to be accurate about what I tell him. Some states show that if the landlord doesn't issue anything to the tenant within the time allowed that the tenant is allowed the full deposit back with no deductions. Is this the case in Va or are deductions still allowed?

If he doesn't comply you take him to small claims court to recover the deposit and penalties.

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Originally Posted by kdavis

I live in VA and I am a little confused about what happens if my landlord has not complied with the 45 days he has to give me my deposit or partial deposit and a letter explaining deductions. I know he has 45 days, but nothing is real clear about what happens to the landlord if he doesn't comply. I want to send him a letter, but I want to be accurate about what I tell him. Some states show that if the landlord doesn't issue anything to the tennant within the time allowed that the tennant is allowed the full deposit back with no deductions. Is this the case in Va or are deductions still allowed?

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You need to send him a demand letter for the return of your deposit. If you did not provide a forwarding address, most VA judges will not rule in your favor if the landlord can prove any charges against your deposit.

Small Claims Court limit in VA is NOW $5,000.

There are no "penalties" for not returning your deposit within the 45 days and you won't get all of your deposit back if your landlord can prove any charges against it.

Its true there are no penalties, but if the landlord fails to notify within the time it appears they forfeit the right to take deductions.

Hello k:

The relevant law follows:

... If the landlord willfully fails to comply with this section (the 45 day requirement), the court shall order the return of the security deposit and interest thereon to the tenant, together with actual damages and reasonable attorneys' fees, unless the tenant owes rent...

excon

Thanks for the advice. My landlord is an @ss, so I want to have proof of the law to show him. I have gone to several websites, but can't find anything stating the fact that if he fails to notify within the 45 days then he forfeits the right to take deductions out. Do you know where you found that information at?

At the top of this forum is a sticky with links to US states tenant/landloard statues. Both excon and I found the same passage in there.

Thank you very much. This is my first time using this site and I definitley found it useful.