VRLTA applicability

I am having a disagreement with the LL about security deposit. Going to bring it to court.

I can't understand though what is the required time frame for deposit return. Lease states 30 days, and VRLTA states 45, and I am not sure which one court will use.

Also, his realtor sent me a letter with itemized deductions. Neither realtor, nor the company he works for are mentioned in the lease. Will court take this letter as a valid claim?

Would appreciate if somebody with Virginia knowledge and experience could shed some light here.

Thank you.

The law states 45 days are permitted to return a deposit in your state. Go with what the law says. (The lease he used may be a generic one since most states use a 30 day return period.)

You received a deposit statement? If the realtor is his agent, then you have recieved a proper statement. His company may not be affiliated with his property manager relationship and may not need to be listed on it. (Although he works as a realtor, he needn't work for the realtor while he manages property - as a side job. It can be seperate.)

Thanks for your reply.

I guess I should have added more details from the start.

My landlord manages his few properties himself. I am not sure exactly, but to the best of my knowledge his has three or four properties. Virginia law (VRLTA) states:

§ 55-248.3:1. Applicability of chapter.
This chapter shall apply to all rental agreements entered into on or after July 1, 1974, which are not exempted pursuant to § 55-248.5, and all provisions thereof shall apply to all jurisdictions in the Commonwealth and may not be waived or otherwise modified, in whole or in part, by the governing body of any locality, its boards and commissions or other instrumentalities, or by the courts of the Commonwealth.

§ 55-248.5 - Exemptions; exception to exemption
A. Except as specifically made applicable by § 55-248.21:1, the following conditions are not governed by this chapter:
10. Occupancy in single-family residences where the owner(s) are natural persons or their estates who own in their own name no more than ten single-family residences subject to a rental agreement; or in the case of condominium units or single-family residences located in any city or in any county having either the urban county executive form or county manager plan of government, no more than four.

Para § 55-248.21:1 refers to military tenants and does not apply here.

Para 55-248.5:A.10 seem to be the one applicable to my situation. However, all of you guys here tell that lease is just a piece of toilet paper if it does repeat RLTA exactly - and this confuses me.

Now, about the statement I received. It came from realtor who was representing LL at the time of the lease signing. His name is not listed in the lease, his company was listed but changed since, and he never ever took any part in property management. All my previous communication about the property (including several lease extensions) was directly between LL and myself.

All that makes me thinking this guy is not a legally valid representative, and whatever he wrote does not have any power - or am I wrong?

Thanks!

Why not contact your LL and ask him? Any realtor can manage property with or without the knowledge of their real estate companies. (Just as a mechanic can fix cars in his spare time for friends and family. The auto shop's name doesn't have to appear on the bills for cars he fixes on his day off.)

This realtor represented the owner at the time of signing. He was the owner's agent or PM (doesn't really matter which). He may have changed companies since the lease began (switched employment). He may not have been contracted to do the PM during the rental period, but just to do the lease signing and locating of tenants and do the final statements. That's the thing about PM. They can do as much or as little as the owner contracts with them to do. Some owners want them to do everything so they won't be bothered by the tenants. Some owners are hands-on and just want someone to do all the paperwork for them. Whatever they write in the contract for their PM or agent is what the guy is supposed to do. (Perhaps he didn't trust the PM or agent enough to authorize repairs or accept monthly rent. He may have just not wanted to do all the screening and paperwork.)

Call and ask the owner if this is your official deposit statement or not.

I called him and left voice mail several times - he does not answer the phone or return calls.

The nature of claims in that letter is so ridiculous I don't see any other avenue than court to resolve it, so I need to know how court will look at it.

Please detail the nature of the claims in that statement and prepare a court case based on that. Since he had used the agent to rent the unit, you have a reasonable belief that the statement is real. Trust that is is true until someone tells you otherwise. Base your case on those charges. Please list them and we will help you prepare a case.