Situation with security deposit.

[NoMoreSnowForMe]

Originally Posted by greenstreet

Its in my original post, sorry. It was in VA.

I did receive the original deposit back. I may have not made that clear.

I'll look up my state laws in due to, but right now i'm rushing to get to work. Just wanted some clarity on these things. Thanks for your help!

I'm so sorry LOL! I got you mixed up with somebody else. I see I actually gave you a VA link earlier. Sorry to confuse the issue with CA law.

[greenstreet]

I have looked up the laws in the sticky and it provided me with laws the are not applicable to me as the VRLTA (the link provided) states we are excluded because the owner of the building does not own more than ten residences (although, he is not the one seeking damages. the managing company - who may own ten or more - is. does this change anything?)

Instead it seems we are subject to these codes:

LIS > Code of Virginia

This worries me as the VRTLA was much more encompassing and relevant to my situation. I cannot honestly find anything in this that would help my case. The one thing I found that does has worrying semantics:

§ 55-225.6. Inspection of dwelling unit.

The landlord may, within five days after occupancy of a dwelling unit, submit a written report to the tenant, for his safekeeping, itemizing damages to the dwelling unit existing at the time of occupancy, which record shall be deemed correct unless the tenant objects thereto in writing within five days after receipt thereof. The landlord may adopt a written policy allowing the tenant to prepare the written report of the move-in inspection, in which case the tenant shall submit a copy to the landlord, which record shall be deemed correct unless the landlord objects thereto in writing within five days after receipt thereof. Such written policy adopted by the landlord may also provide for the landlord and the tenant to prepare the written report of the move-in inspection jointly, in which case both the landlord and the tenant shall sign the written report and receive a copy thereof, at which time the inspection record shall be deemed correct.

The word 'may' in this is what gives me problems. Is it saying that it is not necessary for them to make a report of the inspection? If so, does this basically mean that they can still collect damages from me if they have no proof of the condition the house was in previously? This company has a reputation among students at my school for being sheisty and screwing over tenants and this worries me because it seems they often get away with it - so they obviously know their way around the laws and how to screw people over seemingly within 'the law.'

Is there anything that can help me?

[STT Resident]

Maybe I'm getting confused and/or my reading glasses are foggy but you said your current lease ended June 1 2013? If that's the case and they made no claim until recently, it seems that under state law they may have no case at all to make any demands on you.

There is only a small window of time during which a landlord can claim damages and deduct money from the security deposit and this is usually around 30 days. I understand that you didn't in fact have a security deposit in place but I think you will find that the basic law still applies. I would check with Legal Aid and they should be able to give you an answer very easily and quickly but I think that in order for the landlord to claim any damages from you he should have advised you of all claims, by mail and with documentation of receipts for damages, within that window.

[NoMoreSnowForMe]

Did a search on VA law, and it can vary by city/county, so I suggest you call the Virginia Office of Consumer Affairs. The landlord/tenant act brochure says you can call them for questions on security deposits:

800-552-9963 or 804-786-2042

Came from here:

http://www.dhcd.virginia.gov/images/...t-Handbook.pdf

STT makes a great point that they may have missed the window allowed to collect anything from you. I'm also confused, though, about the landlord who doesn't have 10 properties not being bound by the VRLTA. I think you need to make a phone call.

It looks like you can also contact your county for help. Here's a link for Fairfax County that explains how to get help regarding landlord/tenant issues:

Tenant-Landlord*- Fairfax County, Virginia