Previous Landlord (SLUMLORD!) Won't Return Deposit (Falls Church: rental, new home, to buy)

[svanzandt]

My husband and I are young professionals and rented a single family home from a guy in Falls Church for a year. This guy was the worst I have ever had or even heard of. He once came into the house when we were out of town without notifying us beforehand! When we called him to tell him that we didn't appreciate that and that he should give 24 hour notice, his response was "get a life". I am convinced that he is from a different planet. While we should've seen red flags, and used that opportunity to get out of the lease, we weren't able to move at the time. Another unbelievable event that occurred was when a huge tree limb fell onto the house from the back yard. It was hanging over the back door and we were scared it was going to fall when going out the back door (we have a dog and used the back door often). We notified him immediately and he said he would take care of it. One month later, no word about it from him. So we sent him a letter with the next rent check. He sent a text saying "stop being so paranoid, I said I would take care of it". He is absolutely ridiculous!! Needless to say, we couldn't wait to get out of there. We moved out as soon as possible and even decided to buy so that we would never have to deal with another landlord again. We left the house cleaner than it was when we moved in, and sent him a text with my work address to send the deposit to. 45 days later, no deposit returned, and no word from him. We mailed a letter demanding it and he replied with a text 2 weeks after the letter was mailed and said that we were not complying with the lease because we didn't give him our new address of where we live. He did write in a note at the end of the lease that we have to give him our new address, but we honestly don't want to. He is unstable and psycho. I don't want a guy that has a track record of showing up unannounced and going in and out as he pleases to know where I live. We texted him that we would rather he send it to my work and he is refusing. He then called us spoiled brats via text. This guy is UNREAL. Him being so persistent to know our address is making me even more scared to give it to him! We are looking to take him to small claims court, but know that won't guarantee we get our money.

Any advice? Do we have to let him know where we live or can we get out of that? Has anyone dealt with taking a landlord to small claims court?

FYI: we are not covered under the Virginia Residential Landlord Tenant Act because this guy only has one SFH that he rents out. From what I have read, it seems like because of that, he can get away with so much!

[HokieFan]

Did you have a lease like this? http://varealtor.com/sites/default/f...-%208-5-11.pdf

If so, you are covered under the VA landlord tenant act as per item #2 of the lease. And item# 3b it states that a forwarding address should be provided....it doesn't say that it has to be a residential address.

Take him to small claims court.

Just a word of advice - dispense with the drama filled backstory. It means nothing in regards to receiving your security deposit, and will just annoy the judge.

[Rabrrita]

§ 55-248.5 Exempts single family homes from the VRLTA unless the owner has multiple rental properties. The OP needs to find out if the owner has more properties and how many to see if they are protected by the VRLTA. If they are not protected by the act, they need to read the lease to see if it happens to defer to the VRLTA as covering them. If it does state that, they use the VRLTA as their legal rights. If the lease does not state they are covered, they need to read the lease and follow what it says. If it doesn't cover the specifics, its really up to a Judge to decide what is fair and what isn't.

(FYI, Judges in VA tend to try and cut a middle ground if the lease is silent on a subject. If no middle ground can be reache they lean towards using the VRLTA as their guide))

[svanzandt]

Thanks for the tips! I don't think our lease mentions the VRLTA at all, but I'll have to double check (I don't have it in front of me right now).

The only reason I would want to mention his actions to the judge is to prove that he is unstable and does not deserve to know where we live. Would it be a bad idea to mention that he came in without prior notice and also showed up numerous times without warning?

[dkf747]

Set up a P.O. Box and give him that.

[apexgds]

Your home purchase is public record. If he wanted to show up on your doorstep, it wouldn't be that difficult to find out where you live. Just don't think that not giving him your address protects you in any way.

[HokieFan]

Originally Posted by apexgds

Your home purchase is public record. If he wanted to show up on your doorstep, it wouldn't be that difficult to find out where you live. Just don't think that not giving him your address protects you in any way.

^^^I was just going to type this.

[Mike From NIU]

I would just give him your home address. As a landlord, he has keys and the right (under limited circumstances, which I know you feel he violated) to enter his property when you were renting from him. If he shows up to your new home, you don't have to answer or let him in. If he tries to come in, you can have him arrested for trespassing.

While he may not be a peach of a landlord, he probably wants to be done with you, too. And yes, if I were a landlord, I would prefer to not send mail to a tenant through a workplace. Corporate office mail is often opened by mail room staff or other individuals other than the addressee. I would want to deal only with the lessee, not the lessee's boss or co-workers.

If you really don't want to do that, do what dkf747 suggests and rent a P.O. Box.

Good luck.

[svanzandt]

The PO box idea is worth a shot, thanks.

I know that he can find our address by public record and that angers me even more that he is using this as an excuse. This guy is not the smartest, either. We even offered to meet him at any place of his choosing. Another thing is that our mail is forwarded, so even if he mailed it to the old address, we would still receive it.

I work in a very small office. The mail comes straight to the front desk, which is about 15 feet from mine. I told him that would work well since we are not home during the day and I could ensure that it was received.

Any idea why he is doing this? How does it benefit him to know our new address?

Honestly, I don't think he has the money.

[Yankeesfan]

Originally Posted by HokieFan

Just a word of advice - dispense with the drama filled backstory. It means nothing in regards to receiving your security deposit, and will just annoy the judge.

Agreed!