What to do if its been 47 days and I still haven’t gotten my security deposit back or a letter telling me why?

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What to do if its been 47 days and I still haven’t gotten my security deposit back or a letter telling me why?

How do I go about getting it back?

Asked on November 17, 2010 under Real Estate Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is true that Virginia does seem to have a very long "waiting period" so to speak for the landlord to inspect the apartment and return the security, his time of 45 days seems to be up.  May I ask: has the landlord sent you anything at all with regard to his or her walk through?  Any written list of problems with the apartment? Any deductions or any information on the interest due? Note that under Virginia law reasonable wear and tear can not be deducted from the security.  Then he or she is in violation of the law.  I would send him or her a letter by certified mail return receipt requested and advise that if he does not comply with the law within 5 days of receipt you will seek help through the courts.  Then sue him or her for the money.  Good luck.


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