[ledwards]

Hello All - So my landlord is trying to keep my security deposit. I signed a lease in Alexandria VA July 2006. In this lease it stated that the lease would renew month to month after July 2007 and written notice 30 notice of moving out would need to be provided. My Landlord moved out of state in May 2007. I was never provided a new address. I was instructed to deposit the rent checks into his checking account - an inconvenience to me since it was not my bank and out of the way to drive to. I called my landlord on September 30th to let him know I was moving out November 1 and that it was due to the fact I was financially unable to afford the place anymore. He tried to get me to stay till December but I advised him that I he needed to find someone as soon as possible and that I would help him with whatever I could in terms of letting realtors view the place, post a listing on my company site, whatever. I also noted on the October rent check that I deposited into his account that this was 30 days notice - last months check. I don't understand how he can keep my security deposit when I called him 30 days in advance and had no forwarding address to provide him written notice. I truly feel he is trying to take advantage of the situation. Was it my responsibility to get his address and can he really keep my money based on this?
Also - if we do go to court can I represent myself? I really find what he is doing is unfair and I was a great tenant - I really can't afford a lawyer though. I want to fight this more for the point that he should be able to do this.

[excon]

Hello l:

You SHOULD have kept mailing stuff to his old address. It might have gotten forwarded, or it might have gotten returned to you. If it was returned, you can at least show the court that you acted in good faith.

Nonetheless, I would sue the crook. Small claims court is quick, cheap and easy. No, you don't need a lawyer. As a matter of fact, most small claims court don't even allow lawyers in.

excon

[Emland]

You can sue him in small claims in Virginia, but if he is out of state, you will have a very difficult time collecting. I would have sent a letter to the last known address for the landlord, just to cover my bases, but I believe you could make your point about notice before a judge.

[ScottGem]

Actually you might not have such a hard time collecting. Since you have bank account info on the landlord, as soon as you are granted a judgement you can attach that account.

[LILL]

The landlord has 45 days to return the deposit or list of deductions. Since you just moved out on Nov. 1st.. you nedd wait. If you still haven't received the deposit back after the required time... then you may proceed to small claims court.


Viriginia Landlord/tenant law
55-248.15:1. Security deposits.

A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two months' periodic rent. Upon termination of the tenancy, such security deposit, whether it is property or money, plus any accrued interest thereon, held by the landlord as security as hereinafter provided may be applied solely by the landlord (I) to the payment of accrued rent and including the reasonable charges for late payment of rent specified in the rental agreement; (ii) to the payment of the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with § 55-248.16, less reasonable wear and tear; or (iii) to other damages or charges as provided in the rental agreement. The security deposit, any accrued interest and any deductions, damages and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due the tenant within 45 days after termination of the tenancy and delivery of possession.

[ledwards]

He told me I was getting a certified letter from his lawyer that I was not getting it back. So that's why I am trying to see what my rights are.

[ScottGem]

Well now you know what your rights are. Now you need to ewait for the letter to see WHY he is withholding the security to determine how to proceed.

[excon]

He told me I was getting a certified letter from his lawyer that I was not getting it back. So that's why I am trying to see what my rights are.

Hello again, l:

As LIL pointed out, even with the letter, your rights don't kick in until AFTER the waiting period.

excon

[ledwards]

OK so he is telling me that because I did not provide him with 30 days written notice he is not giving me back my deposit. So my argument is that I called him and wrote on the check that it was 30 days notice since I did not have his new address. He moved in May so there is no way I would have gotten a return letter anyway if I did send him one... So I have to wait 45 days before I can take him to court on this. Now I wonder if I can bring him up on charges for anything on his end.
Also - in the lease it stated that I needed to have the house de-flea'd and de-ticked by a professional exterminator - does it matter if my pet had fleas or ticks? Also - if I only got the carpets cleaned - shouldn't he only keep the cost of the de-fleaing out of the pet deposit rather than the whole amount? Or what are my rights on this? I didn't realize that I had to get the carpets cleaned and de-flea'd

[ScottGem]

First on the notice, this is going to be a touchy situation. Yes you had a requirement to send him a written notice, but his not giving you an address MAY mitigate that. If he refused to give you an address. Did you ask where to mail the wirtten notice when you informed him you were moving? Writing it on the check doesn't help since you deposited it directly so he would never see the check.

If you were supposed to do a cleaning and you didn't, he can rightfully withhold the cost of that from the deposit. There may be other repairs he is withholding for. That's why you need to see the letter first.

[ledwards]

The landlord and I had no problems - we spoke a total of 5 times the whole time - a few when I moved in so I could get him his mail, and then he called me when he was moving. I called him to let him know I was moving out and he was upset - but I could no longer afford the place. I told him I was going to get a new place with a roommate. I should have known at that conversation that he would give me trouble. Checks are now scanned into the bank accounts - so he should have been able to see this on his account, no? I never asked him for his address, although I don't feel that I was resposible to get this from him - I should have been provided this information, no? I paid $200 to get the carpets cleaned - but I missed the part of de-fleaing - but he shouldn't be able to take all my $500 petdeposit, only the cost of what the de-fleaing is, right? I will have to wait for the letter but he left me a nasty gloating message on Friday with this informaiton.

[ScottGem]

No. Look at your bank statement. Do you see a copy of checks that YOU deposit? No, you see copies of checks that you WROTE. So, he would not have seen that check as a mater of course. Maybe he could have requested a copy of the deposit, but not as SOP.

Since you never asked for the address, you didn't exercise due diligence in trying to fulfill the terms of the lease by providing written notice. It sounds like he has a good attorney who knows the loopholes.

[ledwards]

Oh - I guess that's right about the checks. I still don't see how I can be at fault that I did not have his address. I provided him with a phone call and of course he never mentioned his address or anything like that - I can still bring him to small claims court - at least let the judge decide who should be accountable. He can keep the whole deposit based on that one stipulation? I truly feel he is just upset that I moved out and wants to stick it to me. I told him I had to move out due to financial situations and then he goes an tries to rip me off for my security deposit - I notified him and there was no real need for him to bring lawyers into it.