L/L wont return security deposit in VA

I have read the VA state statue 55-248.15:1. which states that L/L must return deposit within 30 days, along with an itemized list of deductions, if any. My L/L did not do this. I did not give her a fwd add, because I did not want her harrassing me. I gave her 40 days, and then I went to her home and requested my deposit back. My deposit was $400.00. She handed me a check for $50.00 and told me if I wanted more to take her to court. I asked her at that time to explain and she shut the door on me. I have a witness. I am taking her to court in 2 weeks. My question is I only asked for the amout of the deposit back, should I have asked for more? I understand that sometimes the tenant can get back twice the amount. Does the judge determine the amt? Also I have on video that there are no damages. I was only there for 4 months, and I only stayed for aprox 15 nights (due to no hot water) There was a month to month lease. Any advice would be appreiciated. Thanks.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by sissybe:
I have read the VA state statue 55-248.15:1. which states that L/L must return deposit within 30 days, along with an itemized list of deductions, if any. My L/L did not do this. I did not give her a fwd add, because I did not want her harrassing me. I gave her 40 days, and then I went to her home and requested my deposit back. My deposit was $400.00. She handed me a check for $50.00 and told me if I wanted more to take her to court. I asked her at that time to explain and she shut the door on me. I have a witness. I am taking her to court in 2 weeks. My question is I only asked for the amout of the deposit back, should I have asked for more? I understand that sometimes the tenant can get back twice the amount. Does the judge determine the amt? Also I have on video that there are no damages. I was only there for 4 months, and I only stayed for aprox 15 nights (due to no hot water) There was a month to month lease. Any advice would be appreiciated. Thanks.<HR></BLOCKQUOTE>

Look a little further in the statute for remedies when L does not return the deposit within the 30 days. You may be entitled to ask for 2-3 times the amount of the security deposit. If you are confident that L can not charge you for any repair/maintenance, unpaid rent, utilities then ammend your claim and request the highest damages allowed by law. You also need to read the statutes with respect to providing your forwarding address. If the statute states that T must do this, then you may not be entitled to more than the amount of the deposit and L may not have breached the 30 day rule.

What's with your statement that you stayed for only 4 months, then only 15 nights. You better get your story straight and clear bacause you do not want to sound like you are fumbling with the facts and being confusing in court. Your case and the presentation of the facts must be rock solid or the judge will not look in your favor.

[This message has been edited by HomeGuru (edited October 28, 2000).]

I rented from her for 4 months. I only actually stayed in the apt. for aprox. 15 nights. Because there was no hot water in the apt. Her fault, and her responsibility. I stayed with friends.

I rented from her for 4 months. I only actually stayed in the apt. for aprox. 15 nights. Because there was no hot water in the apt. Her fault, and her responsibility. I stayed with friends. She told me the day that I moved out that she was going to hold my deposit untill she received all utilitiy bills (lease states her responsibility), and subtracts what utillities my friends used at her expense, (girlfriend and husband stayed for three nights). However, the water & electric meters are the same for her place and mine. How can she determine who used what? She put in writing that when she returns my deposit that she will provide me with copys of the utillities. She did not! Should'nt she have provided me with copys of utillities at the time she gave me a check for $50?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by sissybe:
I rented from her for 4 months. I only actually stayed in the apt. for aprox. 15 nights. Because there was no hot water in the apt. Her fault, and her responsibility. I stayed with friends. She told me the day that I moved out that she was going to hold my deposit untill she received all utilitiy bills (lease states her responsibility), and subtracts what utillities my friends used at her expense, (girlfriend and husband stayed for three nights). However, the water & electric meters are the same for her place and mine. How can she determine who used what? She put in writing that when she returns my deposit that she will provide me with copys of the utillities. She did not! Should'nt she have provided me with copys of utillities at the time she gave me a check for $50?<HR></BLOCKQUOTE>

Yes. If L was obligated to pay for utlities then that would not be a valid deduction anyway. I feel that there are other factors that you did not elaborate on. In other words, you have not posted the entire story.