Return of Security Deposit in VA

I subleased part of my house in VA to a college student. When he moved out I found damage that was caused by him & he didn't clean so we determined between us how much of the security deposit he will get back. When he moved out May 5th he took a computer that belonged to me. I have asked 3 times for it to be returned and still haven't gotten it even though he said he would mail it back. Can I hold this security deposit refund until I get my property back or does this violate VA law? The 30 days is up on June 5 but I don't want to send his deposit until I have my property back. Help!

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by keeshy2:
I subleased part of my house in VA to a college student. When he moved out I found damage that was caused by him & he didn't clean so we determined between us how much of the security deposit he will get back. When he moved out May 5th he took a computer that belonged to me. I have asked 3 times for it to be returned and still haven't gotten it even though he said he would mail it back. Can I hold this security deposit refund until I get my property back or does this violate VA law? The 30 days is up on June 5 but I don't want to send his deposit until I have my property back. Help!<HR></BLOCKQUOTE>

The security deposit issue is a landlord tenant case and a civil matter. The computer issue is a theft case and a criminal matter. You can not mix the two together, therefore his security deposit (partial) must be returned pursuant to State law. You should have filed a police report with respect to the theft of the computer if you have not already done so. If there is a game to be played, your tenant seems to have the upper hand and may be holding the computer hostage until the security deposit is returned. Not ethical or legal. Even the odds. Provide the police with a description of the suspect and his address.