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  1. #1

    Angry What Can You Do if Your Security Deposit is Not Returned

    I moved into an apartment that was below my landlord's home. When I moved in I signed an agreement that I lived on a month to month basis. He said that no notice was required to be given when leaving as long as I left before the first day of the following month. The landlord gave me permission to go into the apartment 4 days before I moved in to bomb the house for spiders and clean. 4 days later I paid my first month's rent. After I moved in, the spider problem became worse and worse. They were poisonous spiders, black/brown widows to be exact. Also I do not believe the apartment was up to code. There was a drain in the middle of the kitchen floor for the water from the air conditioner to drain. I didn't know this because he had it covered up with the kitchen table.

    Anyways, I asked him to please fix the air conditioner to where it would not leak all over the floor. He said he would fix it but never did. I moved out at the end of the month and informed him in writing that I was moving out because I had been bitten by spiders and had an allergic reaction. I also informed him that the sliding glass door leaked every time it rained... That never got fixed either. So, the lease stipulates that I have to give him 30 days to return my security deposit because he was on disability. So, I waited 30 days, and nothing. I gave him a call and left him a message asking about the deposit. He then sent me a letter in the mail stating that he had fallen on hard times and he would give me my deposit back within another 30 days.

    I waited again, and nothing. So, I called him again asking him if it was mailed and he sent another letter apologizing and stating that he would return the deposit by a specific date. That date passed so I called one more time asking that if he hadn't mailed it I would stop by on my way home from work because I pass his house every day. So, with that in mind, I passed his house every day after I moved out and 2 weeks after I moved out, someone else moved in. They still live there to this day. So, I received a letter in the mail from him stating that I was never to contact him via phone again and that he couldn't rent out the apartment to date because *I* brought spiders into his home... Mind you, I asked before I moved in to bomb the house for that very reason. He stated that he was going to have an exterminator come to the house and after they got rid of the problem he would send me the remainder, if any of the deposit.

    Is this allowed? He had already previously stated in two letters that he was returning the full deposit after he got paid. I have all 3 letters he has sent to me. I would like to respond to him but don't know if I am in the right or wrong. If it helps, I live in VA

  2. #2
    Join Date
    Jul 2006

    Default Re: Security Deposit not Returned

    Sue him in small claims court for the amount of the security deposit.

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