VA landlords Re: SD
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VA landlords Re: SD (by Jason [VA]) Sep 22, 2022 5:21 PM
       VA landlords Re: SD (by DJ [VA]) Sep 23, 2022 9:38 AM
       VA landlords Re: SD (by Jason [VA]) Sep 23, 2022 5:40 PM
       VA landlords Re: SD (by WMH [NC]) Sep 24, 2022 1:56 PM
       VA landlords Re: SD (by Jason [VA]) Sep 24, 2022 3:01 PM
       VA landlords Re: SD (by WMH [NC]) Sep 24, 2022 7:06 PM
       VA landlords Re: SD (by DJ [VA]) Sep 25, 2022 8:14 AM
       VA landlords Re: SD (by WMH [NC]) Sep 25, 2022 9:56 AM
       VA landlords Re: SD (by Jason [VA]) Sep 25, 2022 11:51 AM
       VA landlords Re: SD (by Robin [WI]) Sep 26, 2022 9:21 PM

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VA landlords Re: SD (by Jason [VA]) Posted on: Sep 22, 2022 5:21 PM
Message:

I thought that if a Virginia Landlord didn't return the security deposit within 45 days, the tenant could sue for 300% of the deposit amount. Has that law been amended now to only allow 100% of the deposit amount plus attorney's fees?

--172.58.xxx.xx




VA landlords Re: SD (by DJ [VA]) Posted on: Sep 23, 2022 9:38 AM
Message:

Interesting, but I really don't know - since I always send the accounting onetime, I've not really paid attention, honestly. --68.229.xxx.xxx




VA landlords Re: SD (by Jason [VA]) Posted on: Sep 23, 2022 5:40 PM
Message:

I do things by the book as well, but a friend's landlord does not, and it's been well over 45 days since they moved out. --172.58.xxx.xxx




VA landlords Re: SD (by WMH [NC]) Posted on: Sep 24, 2022 1:56 PM
Message:

You can sue for 3x the SD which is improperly withheld. So if the LL doesn't document ANY of the uses of the SD, it's ALL improperly withheld! --74.110.xxx.xx




VA landlords Re: SD (by Jason [VA]) Posted on: Sep 24, 2022 3:01 PM
Message:

Wmh, thatís exactly what I remember, but now I canít find that provision in the va landlord tenant act.

This is one of the few cases where the house actually was returned in better condition than when it was received. And if it goes to court, itís an open and shut case because she (the tenant) did everything exactly as I guided her to. --172.58.xxx.xxx




VA landlords Re: SD (by WMH [NC]) Posted on: Sep 24, 2022 7:06 PM
Message:

Looks like the Act changed - it no longer requires interest, for example, and the inspection can be done AFTER move-out, etc. So maybe that "3x" has gone away? Now it just says the deposit and reasonable fees (attorney, court costs...) --74.110.xxx.xx




VA landlords Re: SD (by DJ [VA]) Posted on: Sep 25, 2022 8:14 AM
Message:

It may be worth it to send a quick email to your eviction attorney for clarification. --68.229.xxx.xxx




VA landlords Re: SD (by WMH [NC]) Posted on: Sep 25, 2022 9:56 AM
Message:

NC's doesn't say anything about "3x" or "2x" either - I thought it did. Now it just says you forfeit ALL of the deposit if you fail to account for it, and can be awarded damages and attorney fees - though what "damages" can be assessed it doesn't say:

ß 42-55. Remedies. If the landlord or the landlord's successor in interest fails to account for and refund the balance of the tenant's security deposit as required by this Article, the tenant may institute a civil action to require the accounting of and the recovery of the balance of the deposit. The willful failure of a landlord to comply with the deposit, bond, or notice requirements of this Article shall void the landlord's right to retain any portion of the tenant's security deposit as otherwise permitted under G.S. 42-51.

In addition to other remedies at law and equity, the tenant may recover damages resulting from noncompliance by the landlord; and upon a finding by the court that the party against whom judgment is rendered was in willful noncompliance with this Article, such willful noncompliance is against the public policy of this State and the court may award attorney's fees to be taxed as part of the costs of court. (1977, c. 914, s. 1; 2009-279, s. 6.) " --74.110.xxx.xx




VA landlords Re: SD (by Jason [VA]) Posted on: Sep 25, 2022 11:51 AM
Message:

This law favors landlords, but I completely disagree with it. As a landlord, what incentive do I have to return ANYBODY'S security deposit knowing the worst that can happen is I get sued for the original security deposit amount plus attorney's fees? --172.58.xxx.xxx




VA landlords Re: SD (by Robin [WI]) Posted on: Sep 26, 2022 9:21 PM
Message:

Just send the SD accounting late. Better late than never... --104.230.xxx.xxx



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