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  1. #1
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    Aug 2015
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    Default Can Landlord Withhold a Security Deposit for Noise Complaints

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

    I have just moved out, expecting a security deposit. The problem is that my landlord is withholding my deposit because my neighbor lied to him and said she called the cops on us 10 times during the summer for loud noise. Although the cops were called, it was actually once. The lease states that we should not disturb neighbors or forfeit any or all deposit, and he is taking it all for these alleged noise complaints. He gave my brief descriptions of why hes keeping the deposit, these include; excessive trash by trash cans, noise complaints and letters to police and home owner, stained walls, and other dirty things that i consider normal wear and tear. Is there any way to get my deposit back?

  2. #2
    Join Date
    Mar 2013
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    Default Re: Can Landlord Withhold Deposit for Noise Complaints

    Quote Quoting 1216457
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    My question involves landlord-tenant law in the State of: Virginia

    I have just moved out, expecting a security deposit. The problem is that my landlord is withholding my deposit because my neighbor lied to him and said she called the cops on us 10 times during the summer for loud noise. Although the cops were called, it was actually once. The lease states that we should not disturb neighbors or forfeit any or all deposit, and he is taking it all for these alleged noise complaints. He gave my brief descriptions of why hes keeping the deposit, these include; excessive trash by trash cans, noise complaints and letters to police and home owner, stained walls, and other dirty things that i consider normal wear and tear. Is there any way to get my deposit back?
    Possibly. But you'll have to sue him in small claims court.

    If he owns more than two rentals in his own name, or multi-family housing, he is subject to the VA landlord tenant statute.

    http://law.lis.virginia.gov/vacode/title55/chapter13.2/

    This is the security deposit section:

    http://law.lis.virginia.gov/vacode/t...on55-248.15:1/

    I do not believe that a forfeiture will be enforceable.

    However, you might not get it all back.

    Amongst the items you mentioned, if he had to pay to remove excessive trash you left behind, that's chargeable. And stained walls and excessive dirt are not normal wear and tear.

  3. #3
    Join Date
    Sep 2010
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    19,901

    Default Re: Can Landlord Withhold Deposit for Noise Complaints

    Nope, she can not assess "fines" for noise or police calls against the security deposit, just physical damage (beyond normal wear and tear). Alas the landlord tenant act only applies in the cases of owning more than four rental units which I suspect doesn't apply here. Try the consumer affairs department of your county (or independent city) that handles rental complaints. If not, you'll have to try small claims court.

  4. #4
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    Mar 2013
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    Default Re: Can Landlord Withhold Deposit for Noise Complaints

    Quote Quoting flyingron
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    Alas the landlord tenant act only applies in the cases of owning more than four rental units which I suspect doesn't apply here.
    I posted the current statute from the Virginia legislature website.

    See A 10:

    http://law.lis.virginia.gov/vacode/t...ction55-248.5/

    It only exempts from the statute a single family dwelling if the owner owns only one or two in his own name (not "rental units").

    It doesn't exempt duplexes or multi-family dwellings, or apartments, or anything owned in a business name or entity.

    The OP will, of course, have to verify whether the statute applies under his/her circumstances.

  5. #5
    Join Date
    Aug 2015
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    Default Re: Can Landlord Withhold Deposit for Noise Complaints

    Thank you both for your replies. I only know that he is not the owner of the house, just the landlord.

  6. #6
    Join Date
    Mar 2013
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    Default Re: Can Landlord Withhold Deposit for Noise Complaints

    Quote Quoting 1216457
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    I only know that he is not the owner of the house, just the landlord.
    What does that mean?

  7. #7
    Join Date
    Aug 2015
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    3

    Default Re: Can Landlord Withhold Deposit for Noise Complaints

    Sorry, i thought you asked if he owned the house. So the best course of action is to take it to small claims court?

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