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Landlord trying to keep deposit with no legitimate cause

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Datman07

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

Hello All,

I have posted here before with several issues in regard to my previous landlord who I have had quite a few issues with. I have since moved since the lease had expired, however, I have been having problems in trying to recoup any of the $1900 in security deposit money paid to move in initially.

Leading up to the move out, I had stopped receiving contact from the landlord even though several attempts were made to contact him as far as what to do with the keys once moved out. Since there was no reply on his behalf, the keys were sent certified to the last known address. The keys were received, however there was still no reply even after a couple of weeks had gone by. I attempted to close the loop once and for all by sending a check for any remaining money owed (gas) along with a notice that I had expected money back from my security deposit. That was all sent certified to the same address.

Once that was received, that was when I actually got a response from the landlord claiming that additional money was owed for for gas usage, even though statements were not sent to us previously (as it was both a requirement of the lease to send us statements regularly as well as me sending numerous requests for statments). After replying that I sent him payment for all statements recieved (along with copies of those statements). He managed to find the remaining statements and finally sent them to me and stated that we would not return my deposit until I sent in money for the gas.

The total due from the statements was around $600 and requested that he simply deduct the money owed from the deposit. He then replied claiming that there was damage to the house (not previously mentioned at any point in time prior). The items he had mentioned were either previously existing issues (before I moved in), had nothing to do with me at all, or just irrelevant. I do have photos and documentation to prove that this guy is not being honest in any way.

I came to the conclusion that the landlord was simply making excuses and has no intention of returning any portion of the deposit. So I have decided to stop trying to work with him and to file a claim in small claims court. This is where I need assistance. I have never done such a thing and wanted to find out the processes as far as the actions I need to take.

I would go to a lawyer, but feel that it would end up costing more than what I would receive for my effort. Any advice recieved would be greatly appreciated!What is the name of your state (only U.S. law)?
 


FarmerJ

Senior Member
If the LL is not being fair about deposit funds held and its now past the time your state allows then use small claims to have your claim heard , you do not need a atty for this.
 

Datman07

Member
If the LL is not being fair about deposit funds held and its now past the time your state allows then use small claims to have your claim heard , you do not need a atty for this.

Yes, I agree that small claims is probably the way to go. The question was how to start the process. I have never had to go this route before and would like advisement on the actions required on my end.
 

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