[dugout7283]

Hello all I am new here. I was researching laws on security deposits and found this fourm. So here is the story...

In August of 2004 my husband and I were 15 days late on the rent. We tried talking to our Landlord to tell him we were expecting money in October and to let us pay rent as usual and then pay what we owed him in back rent in October(we were only $325 behind), including the $1 a day late fee. He wouldn't have it. So we got a letter to be in court at the end of the month. We showed up and had 15 days to leave and we did. He sued us for the rent and late fees which came out the about $350. Our security deposit was $325, so we figured let him keep it, and we will give him the other $25 later.

Recently, my husband has absecessed about five teeth, so we go to our bank to get a personal loan to fix his teeth. Well, we have a judgement from our previous landlord stating we owe him $350. I was shocked. Needless to say we didn't get the loan. My husband is in terrible pain and we don't have insurance. My question is: Is there some kind of law in Virginia stating that if you were evicted, then you forfit your deposit? What I have found is the law states that the landlord can use it for any unpaid bills.

I just want to be informed before I go to speak with this man(he is a very greedy, hard man). We really need this judgement off our credit. We didn't receive the money back and never heard from the landlord again.

Thanks in advance for any advice :) .

[RickJ]

I suggest contacting him with a letter penned in your best tact and humbleness - since he is, as you say, 'hard'.

Tell him you are sorry this happened and are eager to satisfy the judgment. "Remind" him that your Deposit was enough to cover most of it, and that you'd like him to apply that deposit, and that you'd like to bring him the remaining $25 in exchange for a letter from him confirming the debt is paid in full.

Cross your fingers, because he may come up with one of many reasons the Deposit is not refundable... but let's see what he says.

[scott4bes]

Most leases state the deposit is nonrefundable in case of eviction. Your deposit would automatically be forfeited. If the man used an attorney to evict you, they would happily talk with you if you are willing to make some sort of payoff settlement.