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Landlord has not returned deposit after 48 days in VA

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  • Landlord has not returned deposit after 48 days in VA

    Hi I live in VA and I've been having issues with my previous landlord. He refuses to return any of my security deposit, he refuses to give me an itemization, and it's been 48 days since my lease ended. I know in the VA law it says the landlord has 45 days to provide me with the itemization and refund minus damages but will this section of the law hold him responsible to return the full amount of the deposit?

    Just some details to give you a better idea of the situation: I rented with 5 other roommates with separate leases. There are damages to the house but not enough that would cover the whole deposit. He has not fixed these damages since we moved and has not given us an itemization. He ended our lease two months early to make room for new tenants and we verbally agreed to this.

    Thanks for any help. I am wondering if it would be in my interest to take him to court for refusing the itemization and refund but don't know if that section of the law will hold him responsible. Any other questions let me know.

  • #2
    Re: Landlord has not returned deposit after 48 days in VA

    Originally posted by DanielRU View Post
    Hi I live in VA and I've been having issues with my previous landlord. He refuses to return any of my security deposit, he refuses to give me an itemization, and it's been 48 days since my lease ended. I know in the VA law it says the landlord has 45 days to provide me with the itemization and refund minus damages but will this section of the law hold him responsible to return the full amount of the deposit?

    Just some details to give you a better idea of the situation: I rented with 5 other roommates with separate leases. There are damages to the house but not enough that would cover the whole deposit. He has not fixed these damages since we moved and has not given us an itemization. He ended our lease two months early to make room for new tenants and we verbally agreed to this.

    Thanks for any help. I am wondering if it would be in my interest to take him to court for refusing the itemization and refund but don't know if that section of the law will hold him responsible. Any other questions let me know.
    If the landlord fails to give you a list of deductions and/or return the security deposit and interest within 45 days after you move out, you can take the landlord to General District Court to recover your deposit. If you’re successful, the court can make the landlord pay your costs and attorney fees.

    Read more here about how security deposits are handled in Virginia:
    http://www.valegalaid.org/files/E095...y-deposits.pdf
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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    • #3
      Re: Landlord has not returned deposit after 48 days in VA

      I wish to inform you that under the laws of Virginia, the landlord must return to the tenant security deposit within 45 days of tenant move-out and termination of lease. The deposit and accrued interest, less any allowable deductions, along with an itemized written statement must be submitted to the tenant. The itemized written statement will include - the amount of security deposit returned, the accrued interest and the deductions for damages. The notice may be sent via certified mail or be hand delivered to the tenant. If the landlord fails to follow the law then the tenant may be entitled to the return of their security deposit and any accrued interest plus damages and reasonable attorneys’ fees. The tenant may contact the Virginia Office of Consumer Affairs for guidance.

      AFF

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