Ask Experts Questions for FREE Help !
Ask
    kdavis's Avatar
    kdavis Posts: 3, Reputation: 2
    New Member
    		  
    #1

    Jan 2, 2007, 11:57 AM
    Problem with security deposit
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jan 2, 2007, 12:15 PM
    If he doesn't comply you take him to small claims court to recover the deposit and penalties.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member
    		  
    #3

    Jan 2, 2007, 12:22 PM
    Quote 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?
    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.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member
    		  
    #4

    Jan 2, 2007, 12:23 PM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Jan 2, 2007, 12:34 PM
    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.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #6

    Jan 2, 2007, 01:09 PM
    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
    kdavis's Avatar
    kdavis Posts: 3, Reputation: 2
    New Member
    		  
    #7

    Jan 2, 2007, 01:24 PM
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #8

    Jan 2, 2007, 01:27 PM
    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.
    kdavis's Avatar
    kdavis Posts: 3, Reputation: 2
    New Member
    		  
    #9

    Jan 2, 2007, 01:33 PM
    Thank you very much. This is my first time using this site and I definitley found it useful.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Security deposit [ 3 Answers ]

Hi All, My old landlord has not returned my deposit, we moved out on oct. 7th last month and on the 8th he came so we can insp. And gave back the keys. We were never late on our rent and keep the house as it was when we moved in. All but the decks he told us we could paint them if we liked and...

Never moved in Security deposit NH [ 1 Answers ]

We signed a lease, filled out an application, and gave the landlord a security deposit for a home on JULY 17th. The landlord never gave us a copy of the lease (and I believe in NH renters do not have a signed copy of the lease within 30 days the contract/lease is void) THe landlord took until...

Need money for security deposit [ 9 Answers ]

I need 200.00 dollars buy the 25th of October to pay my landlord so I can move in. I am currently living with some one. PLEASE PLEASE PLEASE HELP ME. Thank you:(

Security deposit interest [ 2 Answers ]

In Massachusetts, when a tenant moves out and the damages go over the amount of the security deposit, can you also keep the interest on that account towards repairs or do you have to give them the interest back on the security deposit and last months rent? It is a matter of cents. In...

Help my security deposit! [ 3 Answers ]

Moved out June 24 (pennsylvania). Move out date was June30 (was doing my landlord a favor so she can re-do bathroom.) Called her July 17 and she says she is not giving any of my security deposit ($1000) because the 60days prior to my moveout, the apt was "filthy" (I procrastinate...

View more questions Search