Legal Question in Landlord & Tenant Law in Virginia

Refund of Deposit - Virginia

I have just moved out of an apartment that I rented on a 1 yr lease and I have fulfilled this lease without any late payments on rent. I have kept the apartment in very good conditions. In August the apartment flooded because of faulty piping. This was determined by the insurance company. They had to replace all the flooring and base boards. I have asked my landlord over and over to provide a copy of the lease in which I signed and she has failed to give me a copy. It also took my nearly 3 months to get a key to my mailbox, once she gave me the key the mailbox lock didn't even work so it was stuck open for everyone to see my mail. My lease ended on March 12, 2008. I provided her written 30 day notice on February 28, 2008 that I would be vacating the property on April 1, 2008. She has yet to contact me to do a ''walk through'' or to discuss the refund of my security deposit. I am unaware of the terms of our lease because she wouldn't provide me a copy. How long does she have to refund my deposit? Am I liable for the flood damage since it happened due to faulty piping?


Asked on 4/07/08, 12:55 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Refund of Deposit - Virginia

If your lease was covered by the Virginia Residential Landlord Tenant Act(VRLTA), Sec. 55-248.15:1 of the Code of Virginia requires that "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."

In the event that the lease was not under VRLTA, then the return of your

security deposit would most likely be governed by the terms of the lease itself or the reasonable construence thereof.

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Answered on 4/07/08, 5:43 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Refund of Deposit - Virginia

And, no, you should not be held liable for flood damage.

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Answered on 4/07/08, 6:24 pm


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