Landlord has not provided explanation for security deposit reduction

Background facts:
I moved out of a condo rental in August. My roommate and I each signed separate leases ($975 security deposit each).

I received around $300 back for my security deposit. Of this, my landlord said $125 was removed for a "move-out fee" accessed by the condo. Because of the wording of our lease, I agreed to this fee. However, I asked for receipts for the remaining charges. She said she would furnish them within 2 weeks.

It has been about 60 days and I still have not received receipts.

According to Virginia law (where I reside), she is required to submit explanation of deductions with receipt documentation within 30 days. I believe she has to return the deposit in full if she has not provided this within 30 days.

I want to know what course of action I should take from here. Should I immediately file a small claims suit?

[sandyclaus]

Originally Posted by caseymcn Background facts: I moved out of a condo rental in August. My roommate and I each signed separate leases ($975 security deposit each). I received around $300 back for my security deposit. Of this, my landlord said $125 was removed for a "move-out fee" accessed by the condo. Because of the wording of our lease, I agreed to this fee. However, I asked for receipts for the remaining charges. She said she would furnish them within 2 weeks. It has been about 60 days and I still have not received receipts. According to Virginia law (where I reside), she is required to submit explanation of deductions with receipt documentation within 30 days. I believe she has to return the deposit in full if she has not provided this within 30 days. I want to know what course of action I should take from here. Should I immediately file a small claims suit?

The LL is required to provide an itemized list of deductions to your security deposit, IN WRITING, within 45 days following move-out. She is not required to provide you with receipts, however. If they have failed to give you an itemized list to date, I wouldn't count on LL doing so now. Your recourse is to file a claim in Small Claims court for the return of the full deposit.

That is where I would go from here. If the LL responds between now and your court date, and you are fully satisfied with the response, you can always dismiss before your hearing. If no list has been received or you are NOT satisfied with their response, then you will have the opportunity to make LL prove their deductions are valid. They WILL have to provide receipts in court if they are to prove their case.

Originally Posted by caseymcn Background facts: I received around $300 back for my security deposit. Of this, my landlord said $125 was removed for a "move-out fee" accessed by the condo. Because of the wording of our lease, I agreed to this fee. However, I asked for receipts for the remaining charges. She said she would furnish them within 2 weeks.

You know about the move out fee. You reference other charges. Sounds to me like you have been provided with an itemized list of charges. If you have, you can send a dispute letter to the LL disputing each charge. But your only other recourse if you do not agree is to go to court. As the last poster said, the LL does not have to send you receipts. Only that itemized list. He can wait until you sue then provide them in court.

If the charges seem to be close to correct, you may want to consider if it is worth suing. There were $475 of charges, and $125 of that was the move out fee. That leaves only $350 to dispute. See how much it costs to file in small claims court. It may not be worth your time.