Getting Security Deposit Back - Who to contact?

This is a discussion on Getting Security Deposit Back - Who to contact? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I moved out of the condo I was renting back in early July. The property is not managed by the ...

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Old Aug 27th, 2009, 10:52 AM   #1
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Question Getting Security Deposit Back - Who to contact?

I moved out of the condo I was renting back in early July. The property is not managed by the owner but through a property management company. I did the walkthrough and everything with the property manager and she told me everything was good, I should be getting my security deposit of $2500 in full.

It has been more than 45 days since I moved and I haven't received my money. I've contacted the property manager and she says she's already contacted the owner about sending me my deposit, however the owner is hard to get in contact with. I'm about to send a formal letter requesting that I get my deposit back. My question is to whom should the letter go to? The property manager or the owner? Also, should I be receiving interest on top of the security deposit for the months in 2008? Property is in Virginia.
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Old Aug 27th, 2009, 12:54 PM   #2
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Default Re: Getting Security Deposit Back - Who to contact?

Not sure about VA Law..but typically...... as long as your money is in escrow (an account the LL should have deposited in) and is still there, you should be entitled to all the interest it accures.

I would send a certified letter to the LL and the property management co letting them both know what you stated below. If you don't get a response you should send another letter and mention small claims... you should see something then!

Did the PMC send a letter to the LL regarding their approval of condition of the unit after the walk-thru? Maybe he is waiting for some kind of statement from them.
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Old Aug 27th, 2009, 03:29 PM   #3
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Default Re: Getting Security Deposit Back - Who to contact?

Agreed. But send the letters by certified mial, retrun receipt requested to have record of their having been received.
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Old Aug 27th, 2009, 03:52 PM   #4
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Default Re: Getting Security Deposit Back - Who to contact?

Thanks for the reply! I think I will send the PMC a letter first and then ask for the owner's address if nothing gets resolved soon.

I don't think the PMC sent the owner an official letter. Probably just contacted her through email/phone. But the property manager did have a checklist of the before and after conditions of the condo documented on paper.
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Old Aug 28th, 2009, 12:06 PM   #5
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Default Re: Getting Security Deposit Back - Who to contact?

If the PMC doesn't give you the owner's address, look online for it. Go to the county tax auditor's site. Input the property address. The owner's name, and the address they mail the tax bills, should pop up. Send a copy of the letter to the owner as well by certified mail, RRR.
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Old Sep 20th, 2009, 07:41 PM   #6
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Default Re: Getting Security Deposit Back - Who to contact?

Just curious if you ever got your deposit back and how it was all handled. We are having the same problem right now, property was also in Virginia. The property people say the hold up is with the owner and visa versa. The said they are still waiting on quotes on a wall that is to be painted. We moved out July 31st. It has now been about 50 days. Any information or advise would be appreciated. Thanks~!
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Old Sep 20th, 2009, 08:58 PM   #7
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Default Re: Getting Security Deposit Back - Who to contact?

Virginla law requires the LL to return the security deposit, or an itemized accounting of any deductions taken along with any remaining security deposit balance, plus interest accrued from the beginning of the lease agreement (if LL is governed by VRLTA), within 45 days following tenants vacating the premises.

The LL must also do a final inspection of the property within 72 hours after their tenants vacate in order to assess any potential deductions to the security deposit, and must advise the tenant of the time & date so that tenant can present at the time of inspection.
If tenant wishes to be there, they must inform LL in writing, and if present during inspection, the LL is required to provide them with an itemized list of damages found during the inspection.

If LL fails to return your security deposit or provide any accounting for it, your recourse is to sue them for the amount of the deposit in court. If you prevail, you are also entitled to any damages, attorney's fees, or other associated costs with bringing suit.

Before bringing suit, you should make a formal demand in writing, sent via certified mail (return receipt requested). This way you have proof that the demand was made and that the LL was aware of it.
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