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  1. #1
    Join Date
    Sep 2007
    Posts
    8

    Default Security Deposits in Virginia

    My husband and I were renting a house for 18 months when we were told that they were going to sell it. We did not want to purchase it. The house was listed in Feb and began showing in march. ( I have 5 kids and it was hard to show...note the owner nor the agent EVERY showed up. ) And all times we were asked if we wanted to break the lease early, which we DID NOT hubby was military and deployed, and my youngest had just had surgery,. Once my hubby returned we agreed to move out a month early to move may 31, at first everything was agreed, then we were told after making plans that we had to forefit the security deposit. At this point we still agreed we had already signed lease elsewhere.
    The day we moved out we signed a letter stating we forefitted the deposit that was it, There was no mention of who got it. This was May 31, 2007 we moved everything was fine, no bill for damages or anything else, well on July 13, 2007 i recieved a check for 836.00 from the rental company for my deposit minus damages. With a itemized list signed by the property manager. Of course i cashed the check. On august 14, 2007 my hubby recieved a message on his cell phone ( he was curretnly deployed again) from the manager threatening to meet with his command over the "debt" we owed. They want the 836.00 back said it was a clerical error,
    My husband has returned and contacted them to request the info that we singed and the reciept for the damages.
    Here is the problem the deposit was 1000.00 and the damages was 238.00 ( we earned interest on the depsit) they are demanding 836.00 not the 1238.00 that seems a little funny to me. Also if they signed a letter with the check does that make the first arrangment void?
    Were do you stand. Is the money ours? Or do we return it?

    *Note we are not trying to rip anyone off, just think that it is our money, we moved out early to help them sell, the house was a mess when we moved in and we took great care of it, and the property manager repeatedly ignored my calls when things were wrong ( hubby is deployed alot)

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Security Deposits in Virginia

    I don't understand why you lost the security deposit.

    If you agreed to move, the landlord terminated your lease and you should have received it plus interest.

    http://www.dhcd.virginia.gov/Homeles...t_Handbook.pdf

  3. #3
    Join Date
    Sep 2007
    Posts
    8

    Default Re: Security Deposits in Virginia

    We were told we had to frefit it in order to move out early and break the lease for the last month.

  4. #4
    Join Date
    Sep 2007
    Posts
    8

    Default Re: Security Deposits in Virginia

    Does anyone have any info on this?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Security Deposits in Virginia

    You agreed to forfeit your security deposit in order to get out of your lease early. Due to a clerical error you received a partial refund. You now want to keep it. Your landlord wants it back. Is that about right?

    What makes you think you have any right to the money?

  6. #6
    Join Date
    Sep 2007
    Posts
    8

    Default Re: Security Deposits in Virginia

    At first we did not agree to forefit the deposit, we agreed to move out early so that the owner could sell the home. After we had started to move and found a new place, was when we were told that if we wanted to move we had to forefit the deposit. The error was not on our part. We moved out early to help the owner not ourselves, I pulled my children out of school due to the move I would have much rather stayed through my lease,
    Again they are only asking for the 836 not the 1238.00 which is a little weird to me and shows that something is not right.

    I do not know if i have a right to the money that is why i am posting here and asking for help and or info.

    Also the check was recieved 44 days after we moved out. And then a month after that was when they demanded the money back, if there was a problem why did they not place a stop payment on the check or contact us earlier?
    Also the property manager is demanding the money NOT the company. We have recieved nothing from the company only a letter from the property manager. He states that the money was taken from him and he wants it back.

  7. #7
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Security Deposits in Virginia

    I do not know what your lease stated about terminating. You stated you moved to accommodate the landlord. If you did not get anything in writing about this request in your agreement, it will be difficult for you to prove.

    However, in the previous link it states:

    Military persons charged for early termination
    by landlord
    • If you are a member of the armed forces of the United
    States or a member of the Virginia National Guard
    serving on full-time duty or as a Civil Service Technician,
    you may be allowed to terminate the rental
    agreement early without being charged with early
    termination fees or for damages by the landlord.
    See VRLTA Section 55-248.21.1

    Virginia Office of Consumer Affairs
    Answer general questions concerning the Virginia
    Landlord and Tenant Act.
    Outside Richmond: (800) 552-9963
    In Richmond: (804) 786-2024
    Website: www.vdacs.virginia/consumers
    Landlord-Tenant Frequently Asked Questions:
    Website: www.vdacs.virginia.gov/consumers/
    f-landlord.shtml


    I have no idea how your landlord thought you were not entitled to receive the return of your deposit. Did you agree in writing to something you are clearly entitled to receive?

    If yes, then I am guessing he has recourse.

    I don't have a clue about the difference between what he asked to be returned. I agree the math doesn't add up.

    Your deposit is not used for damages unless you agree that the list of damages and the cost to repair them can be used by forfeiting a portion of your deposit.

    Personally, I would encourage the manager to stop harassing me about this and if he continued to threaten my husband's military postition I'll ask the Office of Consumer Affairs to help settle this dispute with the owners of the company.

    But there may be other suggestions shortly.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Security Deposits in Virginia

    Did you agree to forfeit your security deposit, or was that simply what the landlord told you would happen in the letter?

    Did you actually agree with the landlord to move out on a particular date, or abide bya move-out date dictated by your landlord, and then he tried to keep the deposit anyway? Or did you simply pick your own move-out date and tell the landlord when you were leaving?

  9. #9
    Join Date
    Sep 2007
    Posts
    8

    Default Re: Security Deposits in Virginia

    We agreed and signed a note stated that we forefited the deposit the day we moved out of the house ( may 31, 2007) we were told if we did not sign it that we were responible for the rent the next day ( we had already moved)


    The desicion to move on that way was ours that was the soonest that we could get out, ( my husband had been home roughly 2 weeks) Everyone involved wanted us to leave early in order to sell the house. The agent and owner had been after was since Feb to see if you wanted to move out early, they were calling on a weekly basis to find out.

    The check was sent to us July 13th, 2007 and the phone calls about seeking my husbands command was August 14, 2007

    We recieved on September 8 a list of what damages were taken out of the deposit. and Letter demanding the money. There were no bills for damages just a list of what it cost,

    It the check had a itemized list with the property managers signature on it does that void out any other contracts signed

  10. #10
    Join Date
    Sep 2007
    Posts
    8

    Default Re: Security Deposits in Virginia

    any more info

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