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  1. #1

    Default Landlord Withholds Deposit, Does Not Return Calls or Respond to a Letter

    My question involves a security deposit in the State of: Virginia

    I apologize for the lack of brevity, but I wanted to get all the details in, lest I leave out something that may be a factor here.

    I signed a 1 year lease agreement in June of 2009 ending May 31, 2010. About May 1, 2010 (I can not recall the actual date, though it was one of the first 2 or 3 days of the month) I entered into a verbal agreement with the landlord to stay until August 31, 2010, as there is a provision in the lease that I can go month to month after the initial year. At the end of August, upon the landlord's request, I entered into another verbal agreement to stay for one more month, as he was unable to find a tennent to start in September. During September, I was informed that he has a tennent to move in October 1, and as such I moved into a friends house until I could find a new apartment.

    We did a walk through at the end of September and he OK'd everything. I had the floors cleaned professionally as required by the lease, and there is no damage to walls or appliances. I moved into a new apartment around October 20th after which I sent him a text message (I realize now how juevanille this was, but that was our method of communicating for the key exchange and other setting up the cleaning service date) and left a voice message with my new address.

    After hearing no response for 45 days, as per the VRLTA, I once again called and left a message asking that he send the remainder of the deposit with the list of deductions, if any, to my current address. At this time I sent him a letter (mistakenly not certified mail) with a similar statement, requesting the return of the deposit.

    It has now been ~70 days since I provided my previous landlord my new address, yet I have had no response from him. Tomorrow I will send a new letter to him via cert. mail requesting that he provide the deposit and itemized list of deductions within 7 calendar days or I will sue him in small claims court.

    My questions are as follows:

    1. After reading through the lease, it states that I must provide a 30 day written notice prior to vacating, which I never supplied. Is this mistake enough for him to claim my deposit (I feel (not that my feelings have any bearing on this) that this would be unnecessary as I was waiting until he found a new tennent to move)?

    2. Should I put the "threat" of sueing him in the letter? Or is it unnecessary and implied?

    3. His address is not far from my current residence, I have thought of contacting him in person at his home. Is this a bad idea, and will it look bad in court if I do this?

    If you could please advise me on how I should proceed, if I am going along the correct path, I would greatly appreciate it. And thank you ahead of time for your responses.

  2. #2
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    Default Re: Landlord Withholds Deposit, Does Not Return Calls or Respond to a Letter

    You had an agreed date for the conclusion of the tenancy and he apparently had a tenant move in a day or so after you formally relinquished possession; you also did a walk-through. I would thus not expect the court to give the time of day to a claim that "he didn't give written notice". From what you have told us, you have ample facts evidencing material compliance and that the landlord accepted your notice as adequate.

    Frankly, I would not be inclined to send another letter. I would just go to small claims court. If you do send another letter I am not sure that threatening to sue will help; but you know him better than I do.

    I would be disinclined to show up at his door. A friendly visit can turn nasty, pretty quickly, and there's no need for that.

  3. #3

    Default Re: Landlord Withholds Deposit, Does Not Return Calls or Respond to a Letter

    Thank you for confirming my own thoughts. Since this is my first time dealing with this situation, I was unsure how much action I needed to take on my own before going to court (E.G. the second letter).

    Thanks again for your help.

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