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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117370
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Good morning. I am having a problem getting my security deposit

Customer Question

Good morning. I am having a problem getting my security deposit back from my ex landlord. I was on a 3 month lease that converted to a month-to-month afterwards. I stayed in good standings with the landlord for a total of 18 months. During my stay he added cleaning to the tenant's stay. One tenant stopped cleaning and he told me to hold off until she got caught up. Two months later the landlord sends out an email reminding everyone of their 'responsibilities' in the house. I suggested getting a maid for a one time cleaning to bring us current with the cleaning. He responded the next day with a threatening email demanding that his house get cleaned. This was NOT part of the original lease. He also bought a large breed dog knowing my absolute fear of dogs. In his email he stated "And, ANYONE who is not happy here, the door is always open... Please use it." I informed him that I would be out at the end of the month. He told me that was the last thing he wanted, but I told him this was the second time this had come up and I was not one to stick around and be abused by a landlord. My question is does his threatening email constitute an eviction and negate the 30-day notice of the lease? I sent him an email asking for my security deposit and giving him my forwarding address and his response was "I'm sorry to see you go. You were the best roommate. Your email made me giggle." I just want my security deposit returned and no further issues with this landlord. Please help.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under VA law, the landlord has 45 days to return the deposit, plus any interest if due, unless there are deductions that the landlord is allowed to take from the deposit. Under the law, the landlord must send you a written statement listing any damages or charges that he is deducting from your security deposit within 45 days of your moving out. If the landlord has not done so, you have a right to sue for a warrant in debt in the local district court to recover the deposit, plus interest.