Legal Question in Landlord & Tenant Law in Virginia

Refusal of Security Deposit

My ex-landlord is refusing to refund our security deposit of $1150. When we moved in, he informed us that we only had to give him a 60 day notice to vacate ( due to the fact that I was pregnant and we were looking for a house.) We gave him 61. He stated in an email that under the terms of our lease and the ''60 day rule'' that he would expect us to pay the next months rent and the prorata share of the following month which we did. He stated he would try to rent it out and if he did he would refund our rent when he refunded our security deposit. I have all emails printed. He is now stating that because he hasn't had anyone rent it out he is in a financial bind - yet he is the one who agreed to allow us to break our lease? Is he allowed to keep our security deposit? He also lives in Europe. How would I take someone to smalls claims court who lives overseas?


Asked on 6/29/03, 11:43 pm

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

Re: Refusal of Security Deposit

There's no way to answer your question without reviewing a copy of the lease, or having a fuller recounting of its terms, if oral.

If the landlord resides in Europe but does business in the U.S., he most likely has a representative who is legally empowered to accept service of process for him in the U.S., including any summons to appear in small claims court or its equivalent.

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Answered on 6/30/03, 10:28 am


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