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Old 04-14-2015, 10:05 AM
 
Location: NoVA
11 posts, read 20,258 times
Reputation: 15

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So I send the notice on March 31st of 2015. According to USPS tracking data the letter was delivered on April 2nd, but he wasn't there to sign for it so they left a notice. Today is April 14, and the letter hasn't been picked up. Should I send a second notice or go directly to the court and file a claim. Please advise. Thanks in advance.
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Old 04-14-2015, 10:12 AM
 
9,875 posts, read 14,112,458 times
Reputation: 21767
Quote:
Originally Posted by Max3346 View Post
So I send the notice on March 31st of 2015. According to USPS tracking data the letter was delivered on April 2nd, but he wasn't there to sign for it so they left a notice. Today is April 14, and the letter hasn't been picked up. Should I send a second notice or go directly to the court and file a claim. Please advise. Thanks in advance.
File the claim....
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Old 04-14-2015, 10:54 AM
 
Location: Central Virginia
6,556 posts, read 8,381,935 times
Reputation: 18781
Quote:
Originally Posted by spencgr View Post
File the claim....
Ditto.
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Old 04-14-2015, 11:48 AM
 
2,737 posts, read 5,453,630 times
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Agree--file the claim.
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Old 04-14-2015, 01:16 PM
 
Location: NoVA
11 posts, read 20,258 times
Reputation: 15
Thanks guys for all your help!! I will file the claim tomorrow and report back the verdict.
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Old 05-06-2015, 12:05 PM
 
Location: NoVA
11 posts, read 20,258 times
Reputation: 15
Default Quick Update

The court date is on May 8th which this Friday. I got an email from landlord that the deposit check has been mailed and I should get it today (May 6th). I got the check and it is half of the amount I paid for the deposit. He enclosed a cost deduction page which has some insane charges on it. I am still going to take him to the court though. He took 4 Months to send my deposit back and the Judge should do something about this. Any suggestions on what to provide to the judge? I have pictures of the house, and copy of the lease. Thanks in advance for the reply.
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Old 05-06-2015, 12:16 PM
 
Location: Central Virginia
6,556 posts, read 8,381,935 times
Reputation: 18781
Take your photos, a copy of the lease, the check, and the list of deductions you just received. Don't deposit the check. If you deposit or cash the check, that means you've "accepted" the amount.

If you have some type of proof or acknowledgement from the landlord of your move out date, take that with you as well.

IMO, when the judge sees that the LL did not follow the law of sending you an estimate or list of deductions within 45 days of moving out, he'll rule that you should receive a full refund of your security deposit. Again, that's just my opinion.
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Old 05-06-2015, 12:45 PM
 
2,737 posts, read 5,453,630 times
Reputation: 2305
Agree. You're probably fine with the evidence you have, but if you have evidence of hiring a cleaning service or of market costs of whatever he's charging you for that you actually did damage (if anything), e.g., if he claims it will cost $500 to repair a hole in the wall that a competitor would fix for $100, bring that too. If there is/was a way to date stamp your photos, that's good.
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Old 05-07-2015, 06:29 AM
 
Location: Central Virginia
6,556 posts, read 8,381,935 times
Reputation: 18781
I just thought about this...print out your email communication between you and LL demanding your security deposit and take them with you as well.

It will not be favorable that his excuse was that he hadn't the time and invited you to sue him.
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Old 05-07-2015, 10:45 AM
 
Location: NoVA
11 posts, read 20,258 times
Reputation: 15
I have gathered all the evidence I could, and I am ready to go to court tomorrow. I will reply back on the verdict. Thanks all for your help.
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