What is timeframe for suing landlord for deposit?

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What is timeframe for suing landlord for deposit?

I did not receive any deposit from my landlord. Is my 1 year time frame for suing him, the date I moved out or the date on which he was to have given my deposit back?

Asked on October 6, 2011 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The time period to bring an action against your former landlord for not returning your security deposit depends upon the cause of action (theory of recovery) that you seek for the basis for the deposit's return (breach of contract, violation of existing statute, fraud and the like).

The time for any applicable statute of limitations to start running would start upon the very last day per statute as to when the landlord was required to return the security deposit to you, usually within 21 to 45 days of your move out depending upon Virginia's statute on the subject.

I suggest that you bring a small claims court action sooner than later against your former landlord if you want the return of your security deposit.

Good luck.


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