Legal Question in Landlord & Tenant Law in Virginia

Former Landlord Files Suit Claiming Damages

The Bill of Particulars I requested contained a copy of the lease and the list of damages with costs--documents I already have in my possession. My former landlord claims damages exceed amount of security deposit and is coming after me for the balance. The lease is governed by the VRTLA. I am prepared to show that the landlord sent the itemization of damages well beyond the 45-day window and I did not receive any other correspondence within the 45-day window. I also have call records showing phone calls to the landlord within the 45 day window, confirming they had my new address and asking when I should expect my security deposit back. They pacified me each time by saying things like ''these things take time''. I did not request to be present for the move-out inspection. How does the VRTLA protect me in this case and how should I answer [with Grounds of Defense] that they violated the statutes in the VRTLA?


Asked on 2/20/08, 9:34 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Former Landlord Files Suit Claiming Damages

Per Sec. 55-248.15:1 of the VRLTA: "If the landlord willfully fails to comply with this section (relating to security deposit), the court shall order the return of the security deposit and interest thereon

to the tenant, together with actual damages and reasoanble 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".

Whether the landlord's failure to comply with the afore-referenced section of the VRLTA was "willfull" in any trial of this matter would normally be a question of fact for the trier of fact to determine(rather than a question of law).

P.S. The phone number which you left as a contact number on my office answering service is apparently no longer in service(according to the message one receives when the number is called).

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Answered on 2/25/08, 12:40 pm


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