Return of Security Deposit (McLean, Leesburg: real estate, 2014, rental)

[rengle02]

Hello,

I'm trying to get some help. I moved out of my old rental on 6/7/14 and was told by the landlord that she would try to get my check sooner than 45 days, but as of today, I have not received anything. she was awful at communicating over the past 2+ years and still doing it. What do I need to do to get my deposit as she has $2950 of my money. I am in Leesburg, VA.

Thanks, Rich

[HokieFan]

I'm not going to bother counting days on the calendar. Has it been 45 days? Do you have a standard VA residential lease such as this?
http://varealtor.com/sites/default/f...-%208-5-11.pdf

Send a demand letter via certified mail return receipt demanding a full refund because of their failure to send an itemized deduction and the portion owed within 45 days as per item 3a. of the lease and be sure to include a mailing address for the deposit to be sent. Give them a reasonable time frame - say 10 days - to refund the deposit. If it's not returned, take them to small claims court.

[spencgr]

Originally Posted by rengle02

Hello,

I'm trying to get some help. I moved out of my old rental on 6/7/14 and was told by the landlord that she would try to get my check sooner than 45 days, but as of today, I have not received anything. she was awful at communicating over the past 2+ years and still doing it. What do I need to do to get my deposit as she has $2950 of my money. I am in Leesburg, VA.

Thanks, Rich

Out of curiosity, what was the official date for the end of the lease? Was it June 7th?

[boyd888]

Agreed with Hokie. I assume you have some sort of documentation of your move out date being 6/7 to prove when the 45 day period started. If you have that then you are entitled to the full deposit since you did not receive an itemized list within the 45 day window.

I had a similar situation in college and sent a letter with about three days left in the return period reminding my landlord of the deadline and that I could sue for twice the security deposit (law in Pennsylvania). The check was sent out that night and arrived the next day.

[rengle02]

Originally Posted by spencgr

Out of curiosity, what was the official date for the end of the lease? Was it June 7th?

yes and she told us she wanted to do the inspection this day, but did not show until the 10th

[rengle02]

Originally Posted by HokieFan

I'm not going to bother counting days on the calendar. Has it been 45 days? Do you have a standard VA residential lease such as this?
http://varealtor.com/sites/default/f...-%208-5-11.pdf

Send a demand letter via certified mail return receipt demanding a full refund because of their failure to send an itemized deduction and the portion owed within 45 days as per item 3a. of the lease and be sure to include a mailing address for the deposit to be sent. Give them a reasonable time frame - say 10 days - to refund the deposit. If it's not returned, take them to small claims court.

it has been over the 45 days and no communication at all from her.

[HokieFan]

Originally Posted by rengle02

it has been over the 45 days and no communication at all from her.

Send that letter demanding a full refund of your deposit today. Be sure to send it certified return receipt so that you'll have proof she received the letter should you need to take her to small claims court.

Oh...and in the letter, definitely include the address the refunded deposit should be mailed to.

Keep us posted on how it goes!

[rengle02]

Originally Posted by HokieFan

Send that letter demanding a full refund of your deposit today. Be sure to send it certified return receipt so that you'll have proof she received the letter should you need to take her to small claims court.

Oh...and in the letter, definitely include the address the refunded deposit should be mailed to.

Keep us posted on how it goes!

I emailed her this morning and here is what I got from her along with my message. She has not responded since 11:37am today.

From: Rich Engle [mailto:richengle]
Sent: Wednesday, July 23, 2014 11:37 AM
To:
Subject: RE: Deposit for 410 Rusert Drive, Leesburg, VA 20175

Hi A,

Thanks for getting back to me. I can meet you today, but I would also like to confirm that we will be getting a full refund of the $2950 today.

I do not have any other keys as you asked on you other email. I gave you all my keys the last time we met and you had the on in the lockbox.

Rich

From: A
Sent: Wednesday, July 23, 2014 11:21 AM
To: Rich Engle
Subject: Re: Deposit for 410 Rusert Drive, Leesburg, VA 20175

Rich, Please meet me at the house today!No threats necessary.


Thank you,

A


Ps. If you want to talk right away, give me a call at 703-906-7429.


ASA Real Estate
Powered by Keller Williams Realty
105 W Broad Street
Falls Church, VA 22046
(703) 821-3616 x 208


LivingInMcLean.com | A| ASA Real Estate | 703.821.3616
Real Estate In Northern Virginia - Home

On Wed, Jul 23, 2014 at 10:36 AM, Rich Engle <richengle> wrote:
July 23, 2014

ASA Real Estate kw
105 W. Broad Street
Falls Church, VA 22046

Re: Deposit for 410 Rusert Drive, Leesburg, VA 20175
Dear A:

On June 7, 2014 I vacated 410 Rusert Drive, Leesburg, VA 20175. Under the law of Virginia you had 45 days in which to notify me of any valid deductions from my security deposit and refund all unused funds to me.

That time period has now passed. To date, I have neither received an itemized list of deductions from my deposit nor received a check refunding my security deposit. You can no longer withhold any money from my deposit, so I demand you return the entire deposit in the amount of $2950 within 5 days of the date of this letter.

Should you fail to return my deposit within 5 days of the date of this letter, I will be forced to take the matter to small claims court.

Sincerely,
Richard Engle

[rengle02]

She told me that she works on only referrals, but I do not see how as she has been the worst I have ever dealt with and I have friends in the business tell me the same about her.

[boyd888]

If you want to mention the company I think that's fair, but I would remove her personal information.