sent letter to landlord

I live in VA. My landlord has not returned my security deposit. I moved out on 6/18/00. I have sent him a certified letter telling him 1) by law, he should have returned the deposit or the portion of it after deductions to me within 30 days after I moved out (i.e. 7/18); 2) he noted a problem with the carpet the last time I was there (last Tuesday) - I told him in the letter that, by law, the problem should have been handled within the same 30-day time period; 3) I can legally ask for interest accrued on the money. This guy doesn't read his mail and is hardly ever home so the likelihood of his signing for the certified letter is slim. If I don't hear from him within 10 days, I was going to mail it regular mail and wait another 10 days for a response. Is there anything else I can do about this. He owes me $183. It's not the money so much as the fact that I was an excellent tenant and now he's trying to keep money that's rightfully mine because he simply doesn't have it to give back to me. I also attached the VA Statute that applies to security deposits to the letter and highlighted the applicable portions. Any further advice?

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by debjack:
I live in VA. My landlord has not returned my security deposit. I moved out on 6/18/00. I have sent him a certified letter telling him 1) by law, he should have returned the deposit or the portion of it after deductions to me within 30 days after I moved out (i.e. 7/18); 2) he noted a problem with the carpet the last time I was there (last Tuesday) - I told him in the letter that, by law, the problem should have been handled within the same 30-day time period; 3) I can legally ask for interest accrued on the money. This guy doesn't read his mail and is hardly ever home so the likelihood of his signing for the certified letter is slim. If I don't hear from him within 10 days, I was going to mail it regular mail and wait another 10 days for a response. Is there anything else I can do about this. He owes me $183. It's not the money so much as the fact that I was an excellent tenant and now he's trying to keep money that's rightfully mine because he simply doesn't have it to give back to me. I also attached the VA Statute that applies to security deposits to the letter and highlighted the applicable portions. Any further advice?<HR></BLOCKQUOTE>

What does the law state with respect to default by L to return the deposit within the statuatory 30 days? Most states have a penalty of 2-3 times the security deposit. Check on this then send your next letter demanding the higher amount as long as he can not make any deductions if you ask for more than the amount that you are normally entitled to.

here's what the VA law says:
If the landlord willfully fails to comply with this section or if the landlord fails to return any security deposit and interest required to be paid to the tenant under this chapter, the tenant may recover such security deposit due him together with actual damages and reasonable attorney's fees.
I highlighted this portion in the letter I sent him. At this point I'm just trying to get back the money without interest or anything. Can I even sue for such a small dollar amount in VA?

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by debjack:
here's what the VA law says:
If the landlord willfully fails to comply with this section or if the landlord fails to return any security deposit and interest required to be paid to the tenant under this chapter, the tenant may recover such security deposit due him together with actual damages and reasonable attorney's fees.
I highlighted this portion in the letter I sent him. At this point I'm just trying to get back the money without interest or anything. Can I even sue for such a small dollar amount in VA?<HR></BLOCKQUOTE>

Yes, you can sue for the small amount and if you use an attorney, ask the court for attorneys fees. That may be the kicker for L to settle since the attorneys fees will run more than the amount L owes in deposit money.