va landlord not returning security deposit

[kilonevada]

What is the name of your state (only U.S. law)? VA

I am not sure if my lease falls under the VRLTA (if it does this is an easy question) but until I can do some further research, lets's assume it does not.

I guess my question is, if the VRLTA doesn't apply is there any limit on how long a landlord can take to return all or part of my security deposit? Is there any point where he can no longer make deductions? Does he still need to make those deductions in an itemized list? The lease is silent on this matter.

I have already had one conversation with him which did not go well because I wanted it all back and he wanted to keep over 3/4ths of it to repaint a whole room because of some discolorations with the touch up paint that his wife(also on the lease) told me to use. Unfortunately this was a verbal conversation... am I completely screwed?

I swear I will never sign a lease that does not specifically call out the vrlta again... I wont let my friends sign one either.

 

[Gail in Georgia]

In Virginia your landlord has 45 days to return your security deposit, or that portion left after the rest being used to cover damages above those considered normal wear and tear. In the case of the latter the landlord needs to include a list of itemized deductions. The 45 days begins when the unit has been vacated.

If you disagree with the amount kept (or you do not receive this information by the 45 day deadline)., your option is to file (typically in Small Claims Court but this depends on the amount of the actual deposit kept); your landlord would then need to provide information on the amount of damages and receipts to show this amount to the court.

For what it's worth, most leases do not cover this information in such detail.

Gail

 

[kilonevada]

In Virginia your landlord has 45 days to return your security deposit, or that portion left after the rest being used to cover damages above those considered normal wear and tear. In the case of the latter the landlord needs to include a list of itemized deductions. The 45 days begins when the unit has been vacated.

If you disagree with the amount kept (or you do not receive this information by the 45 day deadline)., your option is to file (typically in Small Claims Court but this depends on the amount of the actual deposit kept); your landlord would then need to provide information on the amount of damages and receipts to show this amount to the court.

For what it's worth, most leases do not cover this information in such detail.

Gail

Thank you for your reply Gail, unfortunately I believe that 45 day law is part of the VRLTA which I have still not confirmed if I am covered under(the plan is to call the courthouse today and check out property records). There is an exemption which states if the landlord owns four or less condos or 10 or less single family homes (but now that I think about it, what would a townhouse fall under?) then the VRLTA doesn't apply.

It just doesnt seem right that if he is exempt from the VRLTA and there was nothing in the lease that he would have an unlimited amount of time to hold this over my head, however if Im going to go to court, I intend to have all my ducks in a row and know the laws.

 

[Gail in Georgia]

Many states have SOME landlord laws that preclude smaller landlords (those that own below a certain number of homes). For example, in my state a landlord who owns less than 10 units does not have to keep security deposits in special accounts.

However, the law still applies even to us little fellas as to when security deposits/notification that a certain amount will be held for damages must be provided to former tenants no matter how many units we own.

Keep in mind that if a Virginia landlord notifies a tenant that a certain portion of the security deposit will be used for damages that they have an extra 15 days after the 45 day deadline to gather an estimate of these costs.

Gail

 

[kilonevada]

Many states have SOME landlord laws that preclude smaller landlords (those that own below a certain number of homes). For example, in my state a landlord who owns less than 10 units does not have to keep security deposits in special accounts.

However, the law still applies even to us little fellas as to when security deposits/notification that a certain amount will be held for damages must be provided to former tenants no matter how many units we own.

Keep in mind that if a Virginia landlord notifies a tenant that a certain portion of the security deposit will be used for damages that they have an extra 15 days after the 45 day deadline to gather an estimate of these costs.

Gail

Ahh, thank you for that bit of information. Luckily for me there was no interaction between the landlord and I until approximately 60 days after the end of the lease, and this issue was not raised to me until approximately 2 weeks after the 60 days. Maybe Im in luck

Thank you.

edit:

On second thought, do you know where it is in the language of the law that says there is no exemptions for the security deposit section?

 

[ecmst12]

Don't even worry about whether the law applies. You may not be able to sue him for double or triple damages but you can definitely sue for the actual amount of the deposit. Nothing is stopping you and 60 days is certainly reasonable.

By the way, you are misinterpreting the law. It applies to single owners (not companies) of 10 or less units, or 4 or less units in certain AREAS. It depends on the way the city or county government is set up. But it's not really important. Even if he's not subject to the VRLTA, he still doesn't get to keep your deposit for an unreasonable amount of time or make unreasonable deductions from it.

 

[Cvillecpm]

"......your landlord would then need to provide information on the amount of damages and receipts to show this amount to the court."

Actually, this is incorrect....landlord can testify and landlord work/hours count. There is no PENALTY for not refunding or accounting for our deposit within the 45 days AND the date the deposit is RETURNED/Postmark is the key - not the day you received.

If you did not provide your forwarding address, you may well be SOL. The statute REQUIRES the tenant provide their forwarding address.

 

[kilonevada]

"......your landlord would then need to provide information on the amount of damages and receipts to show this amount to the court."

Actually, this is incorrect....landlord can testify and landlord work/hours count. There is no PENALTY for not refunding or accounting for our deposit within the 45 days AND the date the deposit is RETURNED/Postmark is the key - not the day you received.

If you did not provide your forwarding address, you may well be SOL. The statute REQUIRES the tenant provide their forwarding address.

We are sitting at day 90+ with no return of the security deposit. I'm sure at this point at least the postmarked day will not be something I need to worry about.

I don't think I provided a forwarding address when I moved out, however the landlords have had my email and phone number, and I did send a forwarding address when I asked about my deposit. However this was 60 days after the termination of the lease.

Also, if there is no penalty after 45 days does this mean a landlord could come back and charge you for something months or years after the fact? That doesn't seem right. If so, why is it even a law? If there is no penalty or consequence, what is the point and how does that protect anyone?

I dont mean to be accusatory in anyway, I know well enough that no one here wrote these laws but any clarification would be very greatly appreciated.

 

[ecmst12]

It means that the law doesn't specifically allow a double or triple damages penalty, like many states do, merely for a late return. It does allow for 'actual damages and reasonable attorney fees'. But if he's not subject to the statute, then you're just proceeding under normal contract law. You can still sue to get your deposit back and dispute any unreasonable charges he's trying to impose. Just don't ask for anything more then your deposit and filing fees.

 

[kilonevada]

It means that the law doesn't specifically allow a double or triple damages penalty, like many states do, merely for a late return. It does allow for 'actual damages and reasonable attorney fees'. But if he's not subject to the statute, then you're just proceeding under normal contract law. You can still sue to get your deposit back and dispute any unreasonable charges he's trying to impose. Just don't ask for anything more then your deposit and filing fees.

How would I go about finding normal contract law? The commons laws of VA are laughable and dont even mention security deposits. My lease also mentions nothing about the time frame or procedures for the return of my deposit. I realize now that I never should have signed a lease as such or at least I should have researched what I was getting into, but beyond that, I believe Im screwed.

 

[HomeGuru]

How would I go about finding normal contract law? The commons laws of VA are laughable and dont even mention security deposits. My lease also mentions nothing about the time frame or procedures for the return of my deposit. I realize now that I never should have signed a lease as such or at least I should have researched what I was getting into, but beyond that, I believe Im screwed.

**A: what info do you need re: contract law.

 

[kilonevada]

**A: what info do you need re: contract law.

Anything that would tell me what, if any laws govern my niche situation.

Common Law and the Lease are silient.
This contract is exempt from the vrlta.
What is the default law to fall back on?

Thanks

 

[Cvillecpm]

Your bad...in VA, tenants are TASKED with providing their forwarding address. If you had no forwarding order on file with USPS, the deposit/check envelope was returned to the landlord via his return address and he has kept it UNOPENED...he will present it to the judge with the proper postmark and you are SOL/DOA.

I suspect you really did not expect any deposit back and your landlord is waiting for you to stick your head up/file in Small Claims so that they can COUNTER SUE you for any remaining monies owed.

 

[kilonevada]

Your bad...in VA, tenants are TASKED with providing their forwarding address. If you had no forwarding order on file with USPS, the deposit/check envelope was returned to the landlord via his return address and he has kept it UNOPENED...he will present it to the judge with the proper postmark and you are SOL/DOA.

I suspect you really did not expect any deposit back and your landlord is waiting for you to stick your head up/file in Small Claims so that they can COUNTER SUE you for any remaining monies owed.

I did have a forwarding order on file with the USPS. Not sure what I did to make me the bad guy in your eyes, but I definitely expected to get my entire deposit back.

There is definitely no other monies to be owed, (well tbh what do I know, the guy has never given me an itemized list or anything more than an off the cuff guess (at about day 85) which was less than my security deposit) and if there was, why would they have to wait for me to file in small claims? I admit that Im no expert in this matter, but that doesnt make sense to me.

 

[ecmst12]

Here is all the law you need:
You paid a deposit per your lease contract.
You moved out more then 3 months ago.
Your landlord has not returned the deposit or sent you anything in writing showing that he is justified in keeping any or all of it.
You would like your deposit back, as you do not believe you caused any damage.

All you have to do is file the suit in small claims court showing exactly that. When it goes to court, he will be able to present evidence of damage that you caused and how much it cost to fix, and the judge will decide whether it was reasonable. He will then order a judgement in your favor for your deposit less any deductions he deems reasonable. Then, hopefully, LL will write you a check for what he owes you. There doesn't need to be a specific timeframe addressed in the lease; you have been MORE then patient here. You're not asking that he be penalized for taking too long, you just want your money back.

By the way, even IF the LL doesn't have a forwarding address, sends a check to last known address, and gets that check returned to him....doesn't mean he doesn't still owe the amount of the SD to the former tenant. He just won't be assessed penalties. He doesn't get to KEEP the deposit if the tenant then asks it to be sent again. And since this LL probably isn't subject to penalties ANYWAY, and OP won't be ASKING for penalties, that's completely irrelevent.