security deposit
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Anonymous
Unfortunately, I didn't take any pictures of the place prior to moving out, wormy I have the burden of proof of I sue him? |
Anonymous
No, he has the burden of proving there were damages. All you need to prove is that you paid the deposit. Testimony should be sufficient proof and I doubt LL will contest you paid the deposit. |
AdventureNow
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Virgina Landlord Tennant Act is pretty straight forward...he is in the wrong http://www.dhcd.virginia.gov/HomelessnesstoHomeownership/PDFs/Landlord_Tenant_Handbook.pdf Virginia Office of Consumer Affairs: This state agency may be able to assist with consumer questions about obtaining a refund of a security deposit and complaints on rental problems. In most cases, however, the VRLTA and the rental agreement specify remedies available for such problems. Call toll-free 1-800-552-9963 or 804-786-2042. Also check for local consumer affairs agencies, such as those following: _Landlord here |
Anonymous
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In MD, he'd own you treble damages for the lateness and failure to itemize.
-MD Landlord w/ fewer than 10 units |
Anonymous
Former legal services landlord tenant lawyer here. VRLTA probably doesn't apply here unless he owns multiple units and if he's pulling shit like this he probably doesn't. He's wrong for the reasons I stated upthread though. |
Anonymous
| Op here. So the landlord only responded to my email today. He's adamant that I have to pay for the touch up and he's going to take that from my deposit. I responded that I did not agree. VRLTA doesn't apply as he owns less than 5 units. I'm sure he won't give me the full drposit back but just on the principle, I won't let it go, even if it's $150, so what are my options? The property was in loudoun county but I now live in fairfax country, if this goes to court, should i sue in LC or FC? |
Anonymous
http://www.loudoun.gov/DocumentCenter/Home/View/6959 Page 2: Virginia Office of Consumer Affairs: This state agency may be able to assist with consumer questions about obtaining a refund of a security deposit and complaints on rental problems. In most cases, however, the VRLTA and the rental agreement specify remedies available for such problems. Call toll-free 1-800-552-9963 or 804-786-2042. Also? Link him to the goodies on Page 19. 
§ 55-248.15:1. Security deposits. A. A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two months' periodic rent. Upon termination of the tenancy, such security deposit, whether it is property or money, plus any accrued interest thereon, held by the landlord as security as hereinafter provided may be applied solely by the landlord (i) to the payment of accrued rent and including the reasonable charges for late payment of rent specified in the rental agreement; (ii) to the payment of the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with § 55-248.16, less reasonable wear and tear; or (iii) to other damages or charges as provided in the rental agreement. The security deposit, any accrued interest and any deductions, damages and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due the tenant within 45 days after termination of the tenancy and delivery of possession. Nothing in this section shall be construed by a court of law or otherwise as entitling the tenant, upon the termination of the tenancy, to an immediate credit against the tenant's delinquent rent account in the amount of the security deposit. The landlord shall apply the security deposit in accordance with this section within the 45-day time period. The landlord shall notify the tenant in writing of any deductions provided by this subsection to be made from the tenant's security deposit during the course of the tenancy. Such notification shall be made within 30 days of the date of the determination of the deduction and shall itemize the reasons in the same manner as provided in subsection B. Such notification shall not be required for deductions made less than 30 days prior to the termination of the rental agreement. If the landlord willfully fails to comply with this section, the court shall order the return of the security deposit and interest thereon to the tenant, together with actual damages and reasonable attorneys' fees, unless the tenant owes rent to the landlord, in which case, the court shall order an amount equal to the security deposit and interest thereon credited against the rent due to the landlord. In the event that damages to the premises exceed the amount of the security deposit and require the services of a third party contractor, the landlord shall give written notice to the tenant advising him of that fact within the 45-day period. If notice is given as prescribed in this paragraph, the landlord shall have an additional 15 day period to provide an itemization of the damages and the cost of repair. This section shall not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter. The holder of the landlord's interest in the premises at the time of the termination of the tenancy, regardless of how the interest is acquired or transferred, is bound by this section and shall be required to return any security deposit received by the original landlord and any accrued interest that is duly owed to the tenant, whether or not such security deposit is transferred with the landlord's interest by law or equity, regardless of any contractual agreements between the original landlord and his successors in interest. B. The landlord shall: 1. Accrue interest at an annual rate equal to four percentage points below the Federal Reserve Board discount rate as of January 1 of each year on all property or money held as a security deposit. However, no interest shall be due and payable unless the security deposit has been held by the landlord for a period exceeding 13 months after the effective date of the rental agreement or after the effective date of any prior written or oral rental agreements with the same tenant, for continuous occupancy of the same dwelling unit, such security deposit earning interest which begins accruing from the effective date of the rental agreement, and such interest shall be paid only upon termination of the tenancy, delivery of possession and return of the security deposit as provided in subsection A; 2. Maintain and itemize records for each tenant of all deductions from security deposits provided for under this section which the landlord has made by reason of a tenant's noncompliance with § 55-248.16 during the preceding two years; and 3. Permit a tenant or his authorized agent or attorney to inspect such tenant's records of deductions at any time during normal business hours. C. Upon request by the landlord to a tenant to vacate, or within five days after receipt of notice by the landlord of the tenant's intent to vacate, the landlord shall make reasonable efforts to advise the tenant of the tenant's right to be present at the landlord's inspection of the dwelling unit for the purpose of determining the amount of security deposit to be returned. If the tenant desires to be present when the landlord makes the inspection, he shall so advise the landlord in writing who, in turn, shall notify the tenant of the time and date of the inspection, which must be made within 72 hours of delivery of possession. Upon completion of the inspection attended by the tenant, the landlord shall furnish the tenant with an itemized list of damages to the dwelling unit known to exist at the time of the inspection. D. If the tenant has any assignee or sublessee, the landlord shall be entitled to hold a security deposit from only one party in compliance with the provisions of this section. |
Anonymous
20:41 here. If you're low income (I'm guessing you're not though because most people on this boar aren't) you can try going to legal services for assistance. They might be willing to write your LL a letter or call on your behalf. Assuming that's not the case though you have to sue to get it back. If you sue in FC he can have it removed to LC which will lengthen the process so you're better off suing in LC to begin with. Some of the small claims courts guides are helpful but it's really common sense. Stick to the facts, don't rant like a crazy person about how your LL is a jerk and you'll be good to go. One other point, read your lease to make sure your agreement is with him personally rather than a corporation or LLC he's set up as the owner of the property. Suing the wrong party is a rookie mistake! |
Anonymous
Quit fucking around here. SUE HIM NOW. |
Anonymous
It doesn't matter. If you're renting from an individual as opposed to a large corp, a judge won't care who you sue, though it is advantageous for you to sue an individual LL's corp (if he has one set up) because then he can't defend himself in court and has to shell out $ for lawyers. |
Anonymous
| Short hand guide for anyone concerned about security deposits: they are only allowed to be used for PHYSICAL damage to property. So when some asshole says he wants to nickle and dime you for painting, professional cleaning, blind repair, etc, tell them to pound fucking sand. |
Anonymous
| Op here. The lease says that within 30 days of move out, he will send me an itemized list of deductions and wiring 45 days the deposit. None of these has happened as of yet. I won't qualify for free legal counsel. Just hate to miss work and go through all this trouble for $150 ughhhhh. I will call the agency's phone number that was provided earlier. And no the agreement is between me n him not the corporation, can I also ask for court costs? |
Anonymous
That's flat out wrong. If the corp owns the property, you can only sue the corp. They are separate legal entities. |
Anonymous
Yes, the judgment will include court costs (filing fees and process server fees). |
Anonymous
That's false. At least in DC, I sued my old LL. He had incorporated some LLC. Note, I am not talking about a large, corporate LL, just some jackass. The judge didn't care I sued him personally instead of his LLC. I bent him over and got treble damages. But I guess we should listen to you, right? |