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Landlord has not complied with VA Landlord/Tenant Act for Security Deposit

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ruh8n2

Junior Member
What is the name of your state (only U.S. law)? State in which this is applicable is Virginia.

I have been relocated for my job to Florida. I gave landlord 60days notice to vacate the property on May 29th. She did not disclose any penalty for breaking the lease and has since had the property re-rented.

The Virginia Residential Landlord Tenant Act, section § 55-248.15:1. Security deposits, states the landlord has 30 days to provide a formal letter pointing out the deductions made to the Security Deposit. She hasnt. She called on the 44th day, July 11, verbally stating deductions, outside of the 30 days. VRLTA also states she has 45day from lease termination to return the security deposit.

"If the landlord willfully fails to comply with this section, the court shall order the return of the security deposit and interest thereon to the tenant, together with actual damages and reasonable attorneys' fees,..."

A couple of questions, is this as cut and dry as it reads? Because she did not comply with the time period, does she have legal ground to make deductions to the security deposit after the 30days? Is their a status of limitations that is not disclosed?

Mind you the deductions is for carpet replacement in the basement of a 20x15 room which she says is going to cost 1150 to replace. I think that is an unreasonable amount of money. I resided at the property for 3 years should some of this cost be absorbed into normal wear and tear?
 


Gail in Georgia

Senior Member
If you disagree with what was kept out of the deposit and/or when you were notified, you would need to sue the landlord for this deposit.

This means going back to Virginia to do this (although filing for such may be able to be done online).

You need to decide if the money withheld is worth the time and trouble to do this.

Gail
 

ruh8n2

Junior Member
If you disagree with what was kept out of the deposit and/or when you were notified, you would need to sue the landlord for this deposit.

This means going back to Virginia to do this (although filing for such may be able to be done online).

You need to decide if the money withheld is worth the time and trouble to do this.

Gail
Well its 1150, and I am only willing to do if the probability to win is high. I mean do I have much precedence for a valid argument?
 

Gail in Georgia

Senior Member
The first question you must ask yourself is how many rental properties does this landlord own. Landlords who own ten or less single family rental units are exempt from the regulations stated in the Virginia Residential Landlord Tenant Act.

Gail
 

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