How Do I Get My Security Deposit Back?

What Is a Security Deposit? If you are a renter or a landlord then you are already pretty familiar with the concept of a security deposit. A security deposit is an amount of money that is paid in advance to the landlord when someone is renting property. In Virginia, the amount of the security deposit can be no more than two (2) months rent in most situations involving a residential lease. These rules can be different when dealing with a commercial lease (a business tenant) or for a limited number of exempt landlords.

Why Do I Have to Pay a Security Deposit? The purpose of the security deposit is to make sure the landlord has money available if a tenant decides to damage the rental unit or stop paying rent. It is a safety net for the landlord to protect their investment. Without a security deposit, the landlord could risk losing a lot of money if the tenant damages something valuable and requires a lot of repairs.

What Happens To My Security Deposit? The landlord is supposed to put your security deposit in a bank account for safe keeping. Your landlord is not allowed to use the security deposit for any purpose other than to reimburse themselves or damage to the property during the tenancy or for unpaid rent. The landlord can take out money during the tenancy if there is damage to the property during the rental period. Alternatively, the landlord may be able to use the security deposit to reimburse themselves for unpaid rent or damage to the property at the end of the lease agreement.

Do I Have a Right To Know What My Security Deposit Is Being Used For? Absolutely. Virginia Law provides that a landlord must provide you with a notice within thirty (30) days of deducting the money during the tenancy or forty-five (45) Days after the expiration of the lease.

What Happens If My Landlord Does Not Tell Me What They Are Using My Security Deposit For? You get it all back. The entire security deposit. The landlord can still try to recover the damages through Court, but cannot use the security deposit for it.

Virginia Landlord Disputes: Documents to File With the Court

So you have gone through the first step and given your tenant the appropriate type of notice to begin the eviction process. What happens next? After the timeline in the notice has passed, and if your tenant has not vacated the property or come current on the rent, the next step is to seek court help in evicting the tenant. In Virginia, an eviction is accomplished by filing an Unlawful Detainer in the appropriate General District Court.

So what is an unlawful detainer, and what are some things you need to be aware of before it is filed?

What is an Unlawful Detainer?

Any lawsuit in Virginia starts with documentation called a “pleading.” A pleading is a document which tells the court why you are asking for a legal decision and what facts support your request for legal relief. Eviction cases in Virginia are handled through a pleading known as an unlawful detainer.

An unlawful detainer tells the court a number of different things. The unlawful detainer needs to a) identify the property where the tenant is residing, b) identify the owner of the property as the plaintiff, c) identify the tenants of the property as the defendants and d) identify any damages that you may have suffered. Damages can include, but are not limited to, past due rent and destruction of your rental property.

Is an Unlawful Detainer the Only Required Document?

No, there are several other documents that are required to be filed with the court. Failure to file these documents may cause your case to be dismissed. These documents include, but are not limited to, a “soldiers and sailors affidavit,” which tells the court whether your tenants are in the armed forces, a copy of the lease, and a copy of the notice.

Why You Need A Lawyer

If you do not file the appropriate documentation with the court, or if you do not properly fill your the documentation, your case will be dismissed. If your case is dismissed, then your tenants may be able to stay in the property for longer than you had envisioned. This can lead to lost rent and, in some cases, destruction of your property. If you are facing eviction proceedings, hire a lawyer to make sure the proper steps are followed.

Virginia Landlord Disputes: The Tenant's Assertion

Are you renting from a landlord? If so, you have rights that you need to be aware of. Virginia law protects renters from some of your landlord’s unfair actions. If you are the victim of an overly aggressive landlord, you need to be aware of how to protect yourself.

So what does Virginia law say about landlords, and what do you need to do if you have a dispute with your landlord?

What Virginia Law Applies?

There are two different laws related to Landlords and Tenants. The one that applies to your particular case depends on several factors including a) how many rental properties your landlord has and b) the terms of your lease. If you have a large business as your landlord, they are likely covered by the Virginia Residential Landlord Tenant Act. If you have a small family as your landlord that only has one rental, then you have fewer protections.

What are some common issues with your landlords?

Tenants can have any number of disputes with their landlord. Some common examples include mold, malfunctioning appliances, withholding security deposits, unlawful evictions, nosey landlords entering the rental without notice and refusal to fix certain problems with the property. Some of these issues are more serious than others, and the law has more protections for issues such as mold than it does for issues such as nosey landlords. For example, when dealing with visible mold, the Landlord has only five (5) days to fix the mold upon written notice.

What to do if you have a dispute with your landlord?

Under no circumstances should you refuse to pay rent to your landlord. Virginia law does not allow you to withhold rent. If your landlord isn’t doing what they are supposed to, you have to file what is known as a “Tenant’s Assertion” with your local court and send certain notices to your landlord notifying them of the problem. You will also likely have to pay your rent into court for at least one month. If you lose your case, your rent will be handed to the landlord. If you win your case, the landlord will be required to do whatever they were supposed to.

Why do you need a lawyer?

The tenant’s assertion process and deciding what notices need to be sent can be rather complicated, and there are deadlines to file these documents. If the landlord has filed for eviction, it makes it all the more urgent that you need to have a lawyer help you file the documentation at the appropriate time. If you fail to file what you are supposed to, the judge cannot consider your arguments. You should contact a local real estate attorney to discuss your rights when faced with an aggressive or negligent landlord. If you cannot afford to hire that attorney, there are several legal aid services throughout the state of Virginia to help you.