Security Deposit

Hello All - So my landlord is trying to keep my security deposit. I signed a lease in Alexandria VA July 2006. In this lease it stated that the lease would renew month to month after July 2007 and written notice 30 notice of moving out would need to be provided. My Landlord moved out of state in May 2007. I was never provided a new address. I was instructed to deposit the rent checks into his checking account - an inconvenice to me since it was not my bank and out of the way to drive to. I called my landlord on September 30th to let him know I was moving out November 1 and that it was due to the fact I was finacially unable to afford the place anymore. He tried to get me to stay till December but I advised him that I he needed to find someone as soon as possible and that I would help him with whatever I could in terms of letting realtors view the place, post a listing on my company site, whatever. I also noted on the October rent check that I deposited into his account that this was 30 days notice - last months check. I don't understand how he can keep my security deposit when I called him 30 days in advance and had no forwarding address to provide him written notice. I truly feel he is trying to take advantage of the situation.

[OHlandlord]

Your LL has 45 days to itemize any deductions from your deposit and return it to you. It hasn't been nearly this long yet. I suggest you find a new address for him (try google, zabasearch.com, or a property record search in his new area). Send him a written request for the return of your deposit along with your forwarding address to send this. Mail it certified mail, return receipt requested, and keep a copy. Then wait out the 45 days before contacting him again. If he hasn't returned it by that time, send a demand for it, citing state law and the penalties for failing to follow the law. (Mail it the same way.) If he still doesn't return it, file against him in small claims court for the area where the rental property is. He will have to return to the court for the hearing or lose automatically.

I am in the same situation with my LL. Will follow your suggestions and we'll see what happens!

So I should send a certified letter now? Does that make any sense since I moved out November 1? How will that make a difference now? I understand that I have to wait the 45 days - but I want to make sure that all my ducks are in a row.
He is also trying to keep all of my $500 pet deposit - I had the rugs professionally cleaned - a $200 cost to myself but did not have the house de-flead and de-ticked, although my pet doesn't have either - but at the most he should only be able to keep what they cost for that it. I am going to get an estimate so I know the amount. Any other thoughts?
So if I bring him to small claims court he will need to come to VA to appear else he loses automatically?
Are there any forms I need to fill out to take him to court?

Much thanks for the advice and guidance.......

[OHlandlord]

Sending the letter by CRRR now gives you proof that he received your request for the deposit and that he has your forwarding address. (Nothing more at this point) But it takes away his defense of "not knowing where you moved to". Even if you gave him this previously, this proves you gave it to him.

Was the pet money a pet fee or a pet deposit? Did it state that it was non-refundable? Did your pet go outside at all? If so, the pet had fleas. All pets have fleas (trust me!) I'm a pet owner myself. If I had a dollar for every tenant who told me their pet didn't have fleas, I could quit this job! You should have also de-fleaed the unit. At minimum, several rounds of bug bombs, set off 7-10 days apart, are necessary to kill the fleas (3 times, one bomb per room). They will continue hatching out. And with no one to vacuum them up, their presence will become apparent very quickly. With no pet to bite, they will attack any human who them steps foot into the unit. (Seen this many times.)

Did your pet cause any other damage? Scratches at the door, on woodwork, on the floor, under windows (trying to see outside), had accidents in the house, etc? Pets can cause a lot of damage that owners don't seem to notice. (Not saying that yours did.)

Once the 45 days are up, send the letter again (in a more demanding tone). If he does not respond, you need to file in the court where the property is. Both of you will need to appear in that court. If he doesn't, you should win.