Legal Question in Landlord & Tenant Law in Virginia

Security Deposit

Our lease ended on July 31, 2008, the property that we lived at was NOT covered under the Va Landlord Tenant Act. Our lease stated that we would receive our security deposit back within 2 weeks of moving out with no interest. Since that time we have called and just today the landlord told us that we would not be getting the deposit back due to damages. However, she would not allow us to do a walkthrough, has NOT sent an itemized list of damages, and now will not return our phone calls. We are considering taking the case to smalls claims court, but aren't sure we have a case as we have no proof of the property's condition at move in or move out. What steps should we take next? Is there a chance or receiving the deposit at all? (The damages stated were $1000 for painting and $200 for cleaning) (Our deposit was $950 plus $50 pet deposit)


Asked on 8/29/08, 3:40 pm

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

Re: Security Deposit

You should file your case in small claims court as you've proposed. Even if you don't have photos of

the conditions of the property before and after you occupied it, you (and whoever else was there to observe it) could testify from your memory/recollection.

And, of course, after the defendant landlord has been served with papers concerning your suit, she may have a change of heart and decide to settle.

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Answered on 8/31/08, 11:08 am


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