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  1. #1

    Default Proper Notice for Deductions from a Security Deposit During or After Tenancy

    My question involves landlord-tenant law in the State of: Virginia

    Can someone help me understand this part of the VRLTA:
    Quote Quoting Virginia Code, Sec. 55-248.15:1. Security deposits.
    The landlord shall notify the tenant in writing of any deductions provided by this subsection to be made from the tenant's security deposit during the course of the tenancy. Such notification shall be made within 30 days of the date of the determination of the deduction and shall itemize the reasons in the same manner as provided in subsection B. 22 Such notification shall not be required for deductions made less than 30 days prior to the termination of the rental agreement. If the landlord willfully fails to comply with this section, the court shall order the return of the security deposit and interest thereon to the tenant, together with actual damages and reasonable attorneys' fees, unless the tenant owes rent to the landlord, in which case, the court shall order an amount equal to the security deposit and interest thereon credited against the rent due to the landlord.
    I previously read that a landlord has 45 days to itemize deductions from a security deposit. This section, however, says 30 days. Which one is it?

  2. #2
    Join Date
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    Default Re: Security Deposit

    The provision you quote relates to "deductions provided by this subsection... made from the tenant's security deposit during the course of the tenancy". The other provision relates to the end of the tenancy: "The security deposit and any deductions, damages and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due the tenant within 45 days after termination of the tenancy and delivery of possession."

  3. #3

    Default Re: Security Deposit

    Thank you! My concerns are post-vacancy, so this 30-day clause doesn't apply, it seems.

    I vacated on June 15. The landlord never provided me with a list of proposed damages to the unit. The VRLTA clearly says they need to do so: Upon completion of the inspection attended by the tenant, the landlord shall furnish the
    tenant with an itemized list of damages to the dwelling unit known to exist at the time of
    the inspection.


    I have asked the landlord at least 10 times for a list of damages that he is claiming. He refuses to send and simply replies with "I have 45 days to do so and won't be doing so before then."

    I understand he has 45 days to refund the deposit and give me an itemized list of full deductions, but this doesn't trump his obligation to the clause above, does it?

  4. #4
    Join Date
    Mar 2013
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    18,340

    Default Re: Security Deposit

    If he doesn't comply with the statute you sue him in small claims court after the 45 days are up.

    Discussing what he should or shouldn't do isn't really helping you, is it?

  5. #5

    Default Re: Security Deposit

    Quote Quoting adjusterjack
    View Post
    If he doesn't comply with the statute you sue him in small claims court after the 45 days are up.

    Discussing what he should or shouldn't do isn't really helping you, is it?
    Yes, it is helping me to discuss what he should or shouldn't do. This information will assist me in a number of actions, including possible small claims action.

  6. #6
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Security Deposit

    Assuming your Ll is subject to VLRTA...is he?

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