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Landlord won't return security deposit - Advice?
Posted by: Gorilll ()
Date: July 31, 2011 10:31PM

It's been two months and I haven't gotten any written notice, so when I called the landlord he claims that I mistreated his place so he won't return my deposit.

This all seems pretty bogus so any advice? Should I get a lawyer? If so, can anyone recommend one?

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Re: Landlord won't return security deposit - Advice?
Posted by: wnrsm ()
Date: July 31, 2011 10:32PM


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Re: Landlord won't return security deposit - Advice?
Posted by: Hatemotor ()
Date: July 31, 2011 10:43PM

Gorilll Wrote:
-------------------------------------------------------
> It's been two months and I haven't gotten any
> written notice, so when I called the landlord he
> claims that I mistreated his place so he won't
> return my deposit.
>
> This all seems pretty bogus so any advice? Should
> I get a lawyer? If so, can anyone recommend one?


Have your lawyer check if he put your deposit in an escrow account, if he didn't and you call him on it he'll cough it up quick,,,the penalties in most states for not doing so are severe,,,

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Re: Landlord won't return security deposit - Advice?
Date: August 01, 2011 12:29AM

True, only if the landlord is subject to the Virginia Landlord-Tenant act.

-----------------------------------------------

"...your suffering will be legendary even in Hell!"

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Re: Landlord won't return security deposit - Advice?
Date: August 01, 2011 07:04AM

In all the years I rented, I never got a security deposit back. There is always some way a landlord can justify keeping it.

---------------------------------------------------------------------------------
http://bible.cc/1_corinthians/13-11.htm

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Re: Landlord won't return security deposit - Advice?
Posted by: roby ()
Date: August 01, 2011 10:53AM

put his full name here.
we can start hell.

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Re: Landlord won't return security deposit - Advice?
Posted by: Andrew Ryan ()
Date: August 01, 2011 10:55AM

There is that, yeah...


"Andrew, come back, brah."


-Fuck_The_Northman

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Re: Landlord won't return security deposit - Advice?
Posted by: WHAT? ()
Date: August 01, 2011 10:57AM

WashingTone-Locian Wrote:
-------------------------------------------------------
> In all the years I rented, I never got a security
> deposit back. There is always some way a landlord
> can justify keeping it.

That is just stupid. How big a pussy are you that you just accepted that bullshit?

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Re: Landlord won't return security deposit - Advice?
Posted by: owner ()
Date: August 01, 2011 11:04AM

He has 45 days after the termination of the lease to provide an accounting for any deductions from your security deposit. You are also entitled to inspect the records for any charges - so if he says he needed to replace drywall, he must produce the receipt.

Reasonable wear and tear is not deductible from a security deposit. New paint or periodic replacement of carpet is not allowed.

The rules are very simple. Chances are he's just seeing if he can ignore you - pretty slimy. If you press and he doesn't pay up, he may not have the money to give you.

Then again, you never said 'I left it exactly as when I moved in'. If you ripped up the carpet or poked holes in the wall, he's entitled to repair it with your security deposit. And he doesn't have to get some half-ass repair. If you burned a hole in the formica counter top, he can replace the whole thing if he wants.

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Re: Landlord won't return security deposit - Advice?
Date: August 01, 2011 11:06AM

WHAT? Wrote:
-------------------------------------------------------
> WashingTone-Locian Wrote:
> --------------------------------------------------
> -----
> > In all the years I rented, I never got a
> security
> > deposit back. There is always some way a
> landlord
> > can justify keeping it.
>
> That is just stupid. How big a pussy are you that
> you just accepted that bullshit?


So the alternative is to hire a lawyer? Seriously, it's not worth the fucking effort.

---------------------------------------------------------------------------------
http://bible.cc/1_corinthians/13-11.htm

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Re: Landlord won't return security deposit - Advice?
Posted by: WHAT? ()
Date: August 01, 2011 11:10AM

WashingTone-Locian Wrote:
-------------------------------------------------------
> WHAT? Wrote:
> --------------------------------------------------
> -----
> > WashingTone-Locian Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > In all the years I rented, I never got a
> > security
> > > deposit back. There is always some way a
> > landlord
> > > can justify keeping it.
> >
> > That is just stupid. How big a pussy are you
> that
> > you just accepted that bullshit?
>
>
> So the alternative is to hire a lawyer? Seriously,
> it's not worth the fucking effort.

Yeah, you have to hire a lawyer to get a landlord to bend. A fifteen minute phone call or letter always got me my money back. I haven't rented in a while, but I know I would have never accepted that bullshit back then. A fool and his money.....

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Re: Landlord won't return security deposit - Advice?
Posted by: Bill N ()
Date: August 01, 2011 11:14AM

Three words-Small claims court, or if the property is in a Virginia city or county without one the alternative three words are General District Court.

Most tenants handle this whole issue stupidly. They are in such a rush to move in that they fail to properly document the condition of the place when they move in. They fail to keep records whild they are living in the place of the routine problems they have that the landlord fails to correct. Then when they move out they are again in such a rush that they fail to document the condition of the place, or even to demand in writing a walk through with the landlord after vacating the property. Doing this is practically begging the landlord to keep your security deposit.

Not sure about Virginia, but in most places I've lived the landlord has the burden of proving any deductions to the security deposit. However without records how are you going to show that that receipt for "repairing and repainting wall" really was simply repainting the apartment, or that the "stained rug" that was replaced was already showing stains and wear before you moved in, or that the "replace broken cabinet doors" charge was actually for replacing a cheap pressboard that wasn't holding screws for months before you moved out?

OTOH many tenants are far messier and far harder on apartments than they think. An apartment shouldn't need to be repainted after a year. Believe it or not drywall actually is a fairly substantial surface that shouldn't have holes in it. Those "few things" that you left in the apartment may well have taken a couple of hours to remove, and would you really have moved into the apartment if the bathroom had all of that pink and black mold in it.

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Re: Landlord won't return security deposit - Advice?
Posted by: don't get a lawyer ()
Date: August 01, 2011 11:22AM

I would try on your own at first. Be reasonable. Send him a registered letter asking for the receipts for the work he claims he had to do. It should list the exact unit the work was done for. He's already past his 45 days, but give him a week. If he doesn't respond, file a complaint with the county. He either has proof that you damaged the property, or he doesn't. Why spend $ on a lawyer? This is exactly what the county process was made for. Given that the landlord ignored the 45 day requirement for an itemized receipt, I would think if he shows up with anything less than photos and a perfect, unambigious receipt, you will win.

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Re: Landlord won't return security deposit - Advice?
Posted by: i am no one ()
Date: August 01, 2011 11:58AM

You do not necessarily need a lawyer. You can sue him in small claims court as someone else mentioned. It worked for me.

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Re: Landlord won't return security deposit - Advice?
Posted by: wnrsm ()
Date: August 02, 2011 08:54PM

Will filing a complaint help?

From the link posted above:

File a Complaint
If you have a tenant landlord problem, you can file a complaint on-line, download a complaint form, or contact the Consumer Affairs Branch at 703-222-8435, TTY 711 to have a complaint form sent to you.

Mediation
When you file a tenant-landlord complaint, an investigator will be assigned to your case. The investigator will mediate the complaint between the tenant and landlord, and try to negotiate a resolution that is satisfactory to both parties. If a tenant-landlord law has been broken, the Consumer Affairs Branch works with the party to come into compliance with the law

Arbitration
If mediation is not successful, a voluntary but legally-binding arbitration process is available as a last resort before proceeding to court actions. The investigator assigned to mediate your complaint will advise you if arbitration is an option.

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Re: Landlord won't return security deposit - Advice?
Posted by: lurkeeeeeeeee ()
Date: August 02, 2011 11:49PM

In Maryland, there must be an accounting for any deductions from the security deposit, and that has to be given to the tenant within a certain number of days. Once that window passes, the landlord must return the FULL security deposit (regardless of whether he claims damage or not). If he doesn't pay up within the allotted time frame, the tenant can be awarded 3X the security deposit in damages. You should find out if Virginia law is similar. BTW, you've waited long enough... just slap the asshole with a small claims court summons. You don't have to give him any more time under the law. The folks at the courthouse can help you file.

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Re: Landlord won't return security deposit - Advice?
Posted by: BrandonGMU ()
Date: August 02, 2011 11:56PM

The landlord has to have provided you a written account of deductions, so he's cooked because of that. Odds are he/she does this to everyone and if somebody sues or he gets a letter from a lawyer he just returns the money and moves on to another victim.

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Re: Landlord won't return security deposit - Advice?
Posted by: Landlord ()
Date: August 03, 2011 08:53AM

People are jumping to a lot of conclusions here. We need more information, such as:
What does the lease say regarding the security deposit?
What was the length of the lease (Virginia law says it is ok for the landlord to comingle security deposits and not keep them in escrow in some cases)?
Was this an apartment, townhouse, house, etc...? How many does the landlord own?
Was there any damage to the house and did the tenant meet his obligations (was the tenant required to clean the carpets and did he?)?
Did the tenant actualy pay the security deposit? (I've had cases where the deposit was paid by a charitable group and therefore will be returned to that group, not the tenant)

In short, every case is different. It depends on the lease and which laws do and don't apply.

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Re: Landlord won't return security deposit - Advice?
Posted by: Landlord too ()
Date: August 03, 2011 11:11PM

Gorilll -- you have not responded to anything above...

Number 1 read your lease -- did you follow everything it says?

Number 2 -- did you leave your new address and contact information with the old landlord so he/she knows how to reach you?

Number 3 -- did you do all of the following:

Remove all property and leave no trash or debris in or around the apartment.
Shampoo the carpets and remove all stains
Repair all holes in the drywall
Thoroughly clean all bathrooms, sinks, toilets, cabinets
Thoroughly clean the oven and stove and refrigerator
Replace all light bulbs...

There are probably other obligations in the lease. If you did not do all of the above plus other tasks then the landlord has to incur those expenses in order to re-rent the unit. You just lost your security deposit...

You should have scheduled an exit walk-thru with the landlord on your last day to inspect everything together and understand if there were any outstanding issues -- ths might also have given you a chance to correct any last minute deficiencies. Technically the landlord should provide you with a copy of the items he says you did not clean/repair/maintain properly.

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Re: Landlord won't return security deposit - Advice?
Posted by: whatt ()
Date: August 09, 2011 10:39AM

Actually according to VA state law the landlord has 30 days to provide an itemized list of damages and 45 days to return the deposit with that same list. Likewise the tenant has 15 days to dispute claims on the deposit.

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Re: Landlord won't return security deposit - Advice?
Posted by: got mine back ()
Date: August 09, 2011 11:15AM

I tried on my own for a YEAR to get my $1500 deposit back, after moving out of a townhouse in Burke. After that, once I filed in small claims court, he magically showed up to my new house and gave me $1400, claiming he was going to keep $100 for some "cleaning". I told him he still owed me $100, and he reached in his pocket and gave me the other cash.

These guys just see how far ignoring you gets. Funny thing is, small claims would not necessarily have forced him to pay me. He could have just ignored that too if he wanted.

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Re: Landlord won't return security deposit - Advice?
Posted by: Pyro ()
Date: August 09, 2011 07:03PM

Gorilll Wrote:
-------------------------------------------------------
> It's been two months and I haven't gotten any
> written notice, so when I called the landlord he
> claims that I mistreated his place so he won't
> return my deposit.
>
> This all seems pretty bogus so any advice? Should
> I get a lawyer? If so, can anyone recommend one?

I had a landlord go as far as denying that I ever provided a deposit. A copy of the check proved him wrong! After that slime ball returned from vacation I got my money back.

It would have been much greater pleasure to have him return to his home after his vacation to a house burnt to the ground. Just sayin'

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Re: Landlord won't return security deposit - Advice?
Posted by: 510091 ()
Date: November 17, 2011 11:05AM

I am in a very similar situation. My landlord/property mgmt did send me a letter on day 35 (no date on letter of course) of itemized damages stating they are keeping my deposit of $2,980 plus trying to charge me an additional $2,200 claiming all the carpet in a 5 bdrm SFH needed to be replaced due to pet damage, the french doors and butcher block island in the kitchen were damaged beyond normal wear and tear and required full replacement. She not only replaced these items but fully upgraded them from their original state. The carpets were in bad shape and aged when I moved in but the only documentation I have on my walk thru is the carpet in two rooms were frayed. The owner, in the 4 years I lived there, was very frugle to the extreme since. The house had not been updated in years and extremely unsound. I have requested documentation and proof of findings. They did send me pictures of the exit inspection and receipts for all of the repairs, but it is beyond clear, she was having difficulties re-renting the place and had to do some upgrades and trying to place these cost on me. When I moved out I patched all holes in the drywall, had all the carpets professional Pert cleaned and had the entire house professionally cleaned, although I was not required to do so since it wasn't done originally. I've talked to an attorney and he stated it would cost me more money to retain him than it was worth. $5,200 is quite a bit of money and I'm not sure what my next steps are....

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Re: Landlord won't return security deposit - Advice?
Posted by: JBass ()
Date: November 17, 2011 12:47PM

GLOCK

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Re: Landlord won't return security deposit - Advice?
Posted by: chuckcammy ()
Date: November 17, 2011 01:05PM

Two things:
First, did you mistreat his place? If so, let it slide and deal with the loss.
Second, if you didn't, many of "shady" landlords will keep your deposit and hope you don't have the time/resources to deal with it. If you want you sec. deposit back, imo small claims is your best option

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Re: Landlord won't return security deposit - Advice?
Posted by: Landlord's Murderer ()
Date: November 17, 2011 01:22PM

The Commonwealth of Virginia is very clear on this. When a landlord withholds a security deposit unlawfully, as the tenant you are permitted to shoot him.

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Re: Landlord won't return security deposit - Advice?
Posted by: FillOutCourtPapers ()
Date: November 17, 2011 01:50PM

Go down to the FFX court house off 123 in Fairfax and file the paperwork for small claims court.

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Re: Landlord won't return security deposit - Advice?
Posted by: Tyrone Greene ()
Date: November 17, 2011 01:52PM

"Images by Tyrone Greene"

Dark and lonely on a summer's night.
Kill my landlord. Kill my landlord.
Watchdog barking. Do he bite?
Kill my landlord. Kill my landlord.
Slip in his window. Break his neck.
Then his house I start to wreck.
Got no reason. What the heck?
Kill my landlord. Kill my landlord.
C-I-L-L my land lord!

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Re: Landlord won't return security deposit - Advice?
Posted by: Chalk it up to experience ()
Date: November 17, 2011 02:00PM

You should have told him you needed to move out a month early and done it.


Gorilll Wrote:
-------------------------------------------------------
> It's been two months and I haven't gotten any
> written notice, so when I called the landlord he
> claims that I mistreated his place so he won't
> return my deposit.
>
> This all seems pretty bogus so any advice? Should
> I get a lawyer? If so, can anyone recommend one?

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Re: Landlord won't return security deposit - Advice?
Posted by: Another Landlord ()
Date: November 17, 2011 02:30PM

510091 Wrote:
-------------------------------------------------------
> I am in a very similar situation. My
> landlord/property mgmt did send me a letter on day
> 35 (no date on letter of course) of itemized
> damages stating they are keeping my deposit of
> $2,980 plus trying to charge me an additional
> $2,200 claiming all the carpet in a 5 bdrm SFH
> needed to be replaced due to pet damage, the
> french doors and butcher block island in the
> kitchen were damaged beyond normal wear and tear
> and required full replacement. She not only
> replaced these items but fully upgraded them from
> their original state. The carpets were in bad
> shape and aged when I moved in but the only
> documentation I have on my walk thru is the carpet
> in two rooms were frayed. The owner, in the 4
> years I lived there, was very frugle to the
> extreme since. The house had not been updated in
> years and extremely unsound. I have requested
> documentation and proof of findings. They did
> send me pictures of the exit inspection and
> receipts for all of the repairs, but it is beyond
> clear, she was having difficulties re-renting the
> place and had to do some upgrades and trying to
> place these cost on me. When I moved out I
> patched all holes in the drywall, had all the
> carpets professional Pert cleaned and had the
> entire house professionally cleaned, although I
> was not required to do so since it wasn't done
> originally. I've talked to an attorney and he
> stated it would cost me more money to retain him
> than it was worth. $5,200 is quite a bit of money
> and I'm not sure what my next steps are....

As a landlord, I have to take exception to some of your comments. First, as you now know, you should have documented the condition of the apartment when you moved in (pictures and, if needed, text). You state that the house was "extremely unsound". What do you mean by that, and why would you move into an uninhabitable property? More likely, the place had not been cosmetically updated in some time. You knew that going in.

Pets can do a huge amount of damage, especially if they pee on the carpet, which is not that unusual. Often no amount of cleaning can remove that smell. That said, however, you should be charged a depreciated amount for carpet replacement.

Your most telling statement is that you "patched all the holes in the drywall". Huh??? How did those holes get there? That is way beyond normal wear and tear, and there is no way that I would accept anything less than a professional repair for something like that.

The French doors and the butcher block island are kind of iffy. Hard to imagine how anyone could damage French doors to the extent that they are no longer operational; clearly something is wrong there.

Your contract undoubtedly said that you must leave the property in "broom clean" condition, or something to that effect. How you choose to meet that requirement is up to you. Professional cleaners are not required. When they are used, it is generally for the convenience of the tenant.

Finally, tenants tend to be much harder on rental property than they realize, and they don't recognize the costs that may be incurred by the landlord in repairing their damage. For example, I rented a single-family home to a couple of very nice young professional men. When they vacated the property they left so much crap behind that it cost almost $1,000 to have it professionally disposed of. They had built an unauthorized cinderblock barbeque in the backyard which had to be dismantled-piece by piece. They clogged up all the drains. It took a two-person team about 10 hours to clean the place up - and that doesn't include the carpets. Meanwhile the new tenants couldn't move in until this was taken care of - which they blamed us for.

Personally, as a long-term tenant, I probably would have cut you some slack on the condition of the property. But thats just me. You need to look to your contract to see exactly what it says, and you need to investigate how much you are really responsible for. You don't need a lawyer for that. There is tons of help on the internet.

If you truly feel that you are being mistreated, small claims court is the way to go.

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Re: Landlord won't return security deposit - Advice?
Posted by: tenant ()
Date: November 17, 2011 03:12PM

You are not getting it back with a lot of expense for a lawyer (which defeats the purpose). I suggest teaching him a lesson and going back and getting your money's worth. Do some serious damage to that place and subtley let him know you were reponsibile. It's not money but it's some measure of satisfaction!

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Re: Landlord won't return security deposit - Advice?
Date: November 17, 2011 03:27PM

Small claims does not involve a lawyer.

Does the landlord have other properties. if so, the landlord may be subject to the Virginia Landlord/Tenant act which provides additional relief for tenants and hurdles for the landlord.

-----------------------------------------------

"...your suffering will be legendary even in Hell!"

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Re: Landlord won't return security deposit - Advice?
Posted by: Remoreseless ()
Date: November 17, 2011 03:28PM

I know a guy whose deposit was withheld, most of it, because the ladies husband, who wound up going to jail and is going to be deported, for his third drunk driving offense in less than three years, said that the money was paid to him so the wife should not be responsible for the debt in his absence.

BLANCO FERNANDEZ ","DIEGO ","R","027"," 3233","KENNEY ","DR","FALLS CHURCH","VA","12/15/2007","DRIVE-OL RVKD/SUSP "
"BLANCO FERNANDEZ ","DIEGO ","R","027"," 3233","KENNEY ","DR","FALLS CHURCH","VA","12/15/2007","FAIL KEEP PROPER CONTROL "
"BLANCO FERNANDEZ ","DIEGO ","R","027"," 3233","KENNEY ","DR","FALLS CHURCH","VA","12/15/2007","FAIL TO REPORT OL CHG/ADDRESS-DMV "
"BLANCO FERNANDEZ ","DIEGO ","R","028"," 3233","KENNEY ","DR","FALLS CHURCH","VA","01/20/2008","DWI-ALCOHOL "
"BLANCO FERNANDEZ ","DIEGO ","R","028"," 3233","KENNEY ","DR","FALLS CHURCH","VA","03/22/2008","DWI/2ND OR SUBSEQUENT "
"BLANCO FERNANDEZ ","DIEGO ","R","028"," 3233","KENNEY ","DR","FALLS CHURCH","VA","03/22/2008","REFUSE BLOOD OR BREATH TEST "
"BLANCO FERNANDEZ ","DIEGO ","R","028"," 3233","KENNEY ","DR","FALLS CHURCH","VA","03/22/2008","REFUSE BLOOD OR BREATH TEST "
"BLANCO FERNANDEZ ","DIEGO ","R","029"," 3217","KENNEY ","DR","FALLS CHURCH","VA","11/23/2009","DWI/2ND OR SUBSEQUENT "
"BLANCO FERNANDEZ ","DIEGO ","R","029"," 3217","KENNEY ","DR","FALLS CHURCH","VA","11/23/2009","IDENTITY THEFT/FRAUD TO AVOID ARR "
"BLANCO FERNANDEZ ","DIEGO ","R","029"," 3217","KENNEY ","DR","FALLS CHURCH","VA","11/23/2009","OPER ON SUSP LIC (DWI) "
"BLANCO FERNANDEZ ","DIEGO ","R","029"," 3233","KENNEY ","DR","FALLS CHURCH","VA","05/23/2009","DWI 3RD OFF W/IN 5 YEARS "
"BLANCO FERNANDEZ ","DIEGO ","R","029"," 3233","KENNEY ","DR","FALLS CHURCH","VA","05/23/2009","DWI REFUSE TEST 3RD CONVICTION 10YR"
"BLANCO FERNANDEZ ","DIEGO ","R","029"," 3233","KENNEY ","DR","FALLS CHURCH","VA","05/23/2009","IMPROPER REGISTRATION "
"BLANCO FERNANDEZ ","DIEGO ","R","029"," 3233","KENNEY ","DR","FALLS CHURCH","VA","05/23/2009","OPER ON SUSP LIC (DWI) "
"BLANCO FERNANDEZ ","DIEGO ","R","029"," 3233","KENNEY ","DR","FALLS CHURCH","VA","05/23/2009","OPER ON SUSP LIC (DWI) "
"BLANCO FERNANDEZ ","DIEGO ","R","029"," 3233","KENNEY ","DR","FALLS CHURCH","VA","05/23/2009","REFUSE BLOOD OR BREATH TEST "
"BLANCO FERNANDEZ ","DIEGO ","R","029"," 3233","KENNEY ","DR","FALLS CHURCH","VA","11/23/2009","IMPROPER REGISTRATION "



This guy is a real winner. His wife is renting out the entire house still and she is an illegal. If someone wants to call the ICE on her go right ahead.

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Re: Landlord won't return security deposit - Advice?
Posted by: Remorseless ()
Date: November 17, 2011 03:33PM

OH, there is also a white pickup in front with license plate and/or registration taken from another vehicle. These people are so stupid they violate the laws in a country where they are not even citizens.

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Re: Landlord won't return security deposit - Advice?
Posted by: snitches get... ()
Date: November 17, 2011 03:38PM

Remorseless Wrote:
-------------------------------------------------------
> OH, there is also a white pickup in front with
> license plate and/or registration taken from
> another vehicle.


Stop snitching, bitch!

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Re: Landlord won't return security deposit - Advice?
Posted by: Remoreseless ()
Date: November 17, 2011 03:42PM

snitches get... Wrote:
-------------------------------------------------------
> Remorseless Wrote:
> --------------------------------------------------
> -----
> > OH, there is also a white pickup in front with
> > license plate and/or registration taken from
> > another vehicle.
>
>
> Stop snitching, bitch!

I'm being a good citizen, if you were somewhat intelligent, which you obviously aren't, I would explain to you what snitching is.

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Re: Landlord won't return security deposit - Advice?
Posted by: Another Landlord ()
Date: November 17, 2011 07:07PM

tenant Wrote:
-------------------------------------------------------
> You are not getting it back with a lot of expense
> for a lawyer (which defeats the purpose). I
> suggest teaching him a lesson and going back and
> getting your money's worth. Do some serious
> damage to that place and subtley let him know you
> were reponsibile. It's not money but it's some
> measure of satisfaction!

Brilliant, asshole. You're the kind of potential tenant that I spend good money to screen out of my properties. She'll be out a hell of a lot more money than $5,000 if she follows your advice.

By the way, your initial premise is faulty ("You are not getting it back with a lot of expense for a lawyer"). You don't need a lawyer to go to small claims court. In fact, I don't think they even allow you to have a lawyer in small claims court. It's called small claims for a reason. You can win your case (and we have) if you are PREPARED with evidence and with a well-reasoned argument.

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Re: Landlord won't return security deposit - Advice?
Posted by: you are idiots ()
Date: November 18, 2011 05:37AM

your landlord does NOT have to put it in an escrow account and your lawyer would have to go to court and win to get any money at all! They only have to put it in an interest bearing account if they fall under the VRLTA (Virginia Residential Landlord Tenant Act) which means that they have more than 5 properties in a municipality and you probably have no idea if they do. If you were a bad tenant (paid late, damaged or mistreated the property) why would you think that you deserve one penny? And you sound like a bad tenant. I don't get this combination where you suck as a tenant (and probably as a human being) and still expect your money? Go away and damage someone elses property.

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Re: Landlord won't return security deposit - Advice?
Posted by: you are idiots ()
Date: November 18, 2011 05:42AM

and most of the posters here are incorrect for virginia- he doesn't have to supply you with ANY documentation, he should send you an accounting, a final statement (again, depending on if he subscribes to the VRLTA), and does not have to give you any receipts at all, he may simply say "I took off $200" for the damage to the wall which represents market value for getting that repaired. He MAY be required in court to produce documentation (but may not depending on the jurisdiction) Most court systems are sick of bad tenants and side on the landlord side, especially if it is a small landlord. Did you always pay on time? If not he can and should deduct late fees, depending on the lease, he doesn't have to disclose to you that he is doing that until he takes it out of the security deposit. If you force him to go to court and he wins he should hold you accountable for his legal fees as well.

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Re: Landlord won't return security deposit - Advice?
Posted by: Fred Clean ()
Date: November 18, 2011 07:15AM

If you want your deposit back, don't trash the place you've rented. It's pretty simple.

If you do trash the place, don't expect anything back - be glad if you don't get a bill for still more damages.

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Re: Landlord won't return security deposit - Advice?
Posted by: tenant ()
Date: November 18, 2011 08:29AM

My advice stands. Try everything to get your money back when you give up trying, there is plenty you can do to get even with that landlord.

Glue in locks, break windows, spray paint exterior, trash light fixtures... ever little bit helps and maybe next time your scumbag landlord will think twice about screwing his tenants, At the very least you get the satisfaction of knowing you cost him money and aggravation!

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Re: Landlord won't return security deposit - Advice?
Posted by: Bill.N. ()
Date: November 18, 2011 08:54AM

Many landlords DO look at security deposits as additional rent and are reluctant to return them despite the condition of the property. Others, having spent the money during the tenancy, don't have it to give back. Then there are those occassional landlords who have unrealistically high expections regarding the level of care by the tenant, and those landlords who see the tenant's security deposit as a way to pay for routine repairs and upgrades needed to re-let the property. I wouldn't be as quick as you Fred Clean to assume that the problem is that the tenant left the place trashed.

As you are idiots wrote there is more than one set of laws governing landlord tenant situations. The first step is to determine which set of rules apply. It isn't always as easy at it seems. For example some leases make the VRLTA applicable even if it otherwise would not apply. It also makes a difference which JUDGE you end up getting in your case. That "I am not legally required to provide the tenant with an itemized list of deductions from the security deposit or an end of tenancy walk through so I didn't" line might work with some judges. For others the landlord better make sure he had damn good documentation to support each and every deduction if he didn't.

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Re: Landlord won't return security deposit - Advice?
Posted by: AlienLover ()
Date: November 19, 2011 02:51PM

Remoreseless Wrote:
-------------------------------------------------------
> I know a guy whose deposit was withheld, most of
> it, because the ladies husband, who wound up going
> to jail and is going to be deported, for his third
> drunk driving offense in less than three years,
> said that the money was paid to him so the wife
> should not be responsible for the debt in his
> absence.
>
> BLANCO FERNANDEZ ","DIEGO ","R","027","
> 3233","KENNEY ","DR","FALLS
> CHURCH","VA","12/15/2007","DRIVE-OL RVKD/SUSP
> "
> "BLANCO FERNANDEZ ","DIEGO ","R","027","
> 3233","KENNEY ","DR","FALLS
> CHURCH","VA","12/15/2007","FAIL KEEP PROPER
> CONTROL "
> "BLANCO FERNANDEZ ","DIEGO ","R","027","
> 3233","KENNEY ","DR","FALLS
> CHURCH","VA","12/15/2007","FAIL TO REPORT OL
> CHG/ADDRESS-DMV "
> "BLANCO FERNANDEZ ","DIEGO ","R","028","
> 3233","KENNEY ","DR","FALLS
> CHURCH","VA","01/20/2008","DWI-ALCOHOL
> "
> "BLANCO FERNANDEZ ","DIEGO ","R","028","
> 3233","KENNEY ","DR","FALLS
> CHURCH","VA","03/22/2008","DWI/2ND OR SUBSEQUENT
> "
> "BLANCO FERNANDEZ ","DIEGO ","R","028","
> 3233","KENNEY ","DR","FALLS
> CHURCH","VA","03/22/2008","REFUSE BLOOD OR BREATH
> TEST "
> "BLANCO FERNANDEZ ","DIEGO ","R","028","
> 3233","KENNEY ","DR","FALLS
> CHURCH","VA","03/22/2008","REFUSE BLOOD OR BREATH
> TEST "
> "BLANCO FERNANDEZ ","DIEGO ","R","029","
> 3217","KENNEY ","DR","FALLS
> CHURCH","VA","11/23/2009","DWI/2ND OR SUBSEQUENT
> "
> "BLANCO FERNANDEZ ","DIEGO ","R","029","
> 3217","KENNEY ","DR","FALLS
> CHURCH","VA","11/23/2009","IDENTITY THEFT/FRAUD TO
> AVOID ARR "
> "BLANCO FERNANDEZ ","DIEGO ","R","029","
> 3217","KENNEY ","DR","FALLS
> CHURCH","VA","11/23/2009","OPER ON SUSP LIC (DWI)
> "
> "BLANCO FERNANDEZ ","DIEGO ","R","029","
> 3233","KENNEY ","DR","FALLS
> CHURCH","VA","05/23/2009","DWI 3RD OFF W/IN 5
> YEARS "
> "BLANCO FERNANDEZ ","DIEGO ","R","029","
> 3233","KENNEY ","DR","FALLS
> CHURCH","VA","05/23/2009","DWI REFUSE TEST 3RD
> CONVICTION 10YR"
> "BLANCO FERNANDEZ ","DIEGO ","R","029","
> 3233","KENNEY ","DR","FALLS
> CHURCH","VA","05/23/2009","IMPROPER REGISTRATION
> "
> "BLANCO FERNANDEZ ","DIEGO ","R","029","
> 3233","KENNEY ","DR","FALLS
> CHURCH","VA","05/23/2009","OPER ON SUSP LIC (DWI)
> "
> "BLANCO FERNANDEZ ","DIEGO ","R","029","
> 3233","KENNEY ","DR","FALLS
> CHURCH","VA","05/23/2009","OPER ON SUSP LIC (DWI)
> "
> "BLANCO FERNANDEZ ","DIEGO ","R","029","
> 3233","KENNEY ","DR","FALLS
> CHURCH","VA","05/23/2009","REFUSE BLOOD OR BREATH
> TEST "
> "BLANCO FERNANDEZ ","DIEGO ","R","029","
> 3233","KENNEY ","DR","FALLS
> CHURCH","VA","11/23/2009","IMPROPER REGISTRATION
> "
>
>
>
> This guy is a real winner. His wife is renting out
> the entire house still and she is an illegal. If
> someone wants to call the ICE on her go right
> ahead.


Seems like just another law-abiding individual who wants to provide for his family back in whatever cesspool he comes from. Let em' all in!!!

Options: ReplyQuote
Re: Landlord won't return security deposit - Advice?
Posted by: Remorseless ()
Date: November 23, 2011 11:02AM

AlienLover Wrote:
-------------------------------------------------------
> Remoreseless Wrote:
> --------------------------------------------------
> -----
> > I know a guy whose deposit was withheld, most
> of
> > it, because the ladies husband, who wound up
> going
> > to jail and is going to be deported, for his
> third
> > drunk driving offense in less than three years,
> > said that the money was paid to him so the wife
> > should not be responsible for the debt in his
> > absence.
> >
> > BLANCO FERNANDEZ ","DIEGO ","R","027","
> > 3233","KENNEY ","DR","FALLS
> > CHURCH","VA","12/15/2007","DRIVE-OL RVKD/SUSP
>
> > "
> > "BLANCO FERNANDEZ ","DIEGO ","R","027","
>
> > 3233","KENNEY ","DR","FALLS
> > CHURCH","VA","12/15/2007","FAIL KEEP PROPER
> > CONTROL "
> > "BLANCO FERNANDEZ ","DIEGO ","R","027","
>
> > 3233","KENNEY ","DR","FALLS
> > CHURCH","VA","12/15/2007","FAIL TO REPORT OL
> > CHG/ADDRESS-DMV "
> > "BLANCO FERNANDEZ ","DIEGO ","R","028","
>
> > 3233","KENNEY ","DR","FALLS
> > CHURCH","VA","01/20/2008","DWI-ALCOHOL
>
> > "
> > "BLANCO FERNANDEZ ","DIEGO ","R","028","
>
> > 3233","KENNEY ","DR","FALLS
> > CHURCH","VA","03/22/2008","DWI/2ND OR SUBSEQUENT
>
> > "
> > "BLANCO FERNANDEZ ","DIEGO ","R","028","
>
> > 3233","KENNEY ","DR","FALLS
> > CHURCH","VA","03/22/2008","REFUSE BLOOD OR
> BREATH
> > TEST "
> > "BLANCO FERNANDEZ ","DIEGO ","R","028","
>
> > 3233","KENNEY ","DR","FALLS
> > CHURCH","VA","03/22/2008","REFUSE BLOOD OR
> BREATH
> > TEST "
> > "BLANCO FERNANDEZ ","DIEGO ","R","029","
>
> > 3217","KENNEY ","DR","FALLS
> > CHURCH","VA","11/23/2009","DWI/2ND OR SUBSEQUENT
>
> > "
> > "BLANCO FERNANDEZ ","DIEGO ","R","029","
>
> > 3217","KENNEY ","DR","FALLS
> > CHURCH","VA","11/23/2009","IDENTITY THEFT/FRAUD
> TO
> > AVOID ARR "
> > "BLANCO FERNANDEZ ","DIEGO ","R","029","
>
> > 3217","KENNEY ","DR","FALLS
> > CHURCH","VA","11/23/2009","OPER ON SUSP LIC
> (DWI)
> > "
> > "BLANCO FERNANDEZ ","DIEGO ","R","029","
>
> > 3233","KENNEY ","DR","FALLS
> > CHURCH","VA","05/23/2009","DWI 3RD OFF W/IN 5
> > YEARS "
> > "BLANCO FERNANDEZ ","DIEGO ","R","029","
>
> > 3233","KENNEY ","DR","FALLS
> > CHURCH","VA","05/23/2009","DWI REFUSE TEST 3RD
> > CONVICTION 10YR"
> > "BLANCO FERNANDEZ ","DIEGO ","R","029","
>
> > 3233","KENNEY ","DR","FALLS
> > CHURCH","VA","05/23/2009","IMPROPER REGISTRATION
>
> > "
> > "BLANCO FERNANDEZ ","DIEGO ","R","029","
>
> > 3233","KENNEY ","DR","FALLS
> > CHURCH","VA","05/23/2009","OPER ON SUSP LIC
> (DWI)
> > "
> > "BLANCO FERNANDEZ ","DIEGO ","R","029","
>
> > 3233","KENNEY ","DR","FALLS
> > CHURCH","VA","05/23/2009","OPER ON SUSP LIC
> (DWI)
> > "
> > "BLANCO FERNANDEZ ","DIEGO ","R","029","
>
> > 3233","KENNEY ","DR","FALLS
> > CHURCH","VA","05/23/2009","REFUSE BLOOD OR
> BREATH
> > TEST "
> > "BLANCO FERNANDEZ ","DIEGO ","R","029","
>
> > 3233","KENNEY ","DR","FALLS
> > CHURCH","VA","11/23/2009","IMPROPER REGISTRATION
>
> > "
> >
> >
> >
> > This guy is a real winner. His wife is renting
> out
> > the entire house still and she is an illegal.
> If
> > someone wants to call the ICE on her go right
> > ahead.
>
>
> Seems like just another law-abiding individual who
> wants to provide for his family back in whatever
> cesspool he comes from. Let em' all in!!!


This idiot is already back in his home country, his wife is still in the states illegally, driving without a license and has a car with plates from another vehicle. Lol. Keep letting them in, their just hard-working honest people. Lol

Options: ReplyQuote
Re: Landlord won't return security deposit - Advice?
Posted by: EdRealtor ()
Date: November 23, 2011 11:21AM

Carpet wear is normal wear and tear. Do not far that bullshit. Just clean the carpet the before you leave. Also take pictures of all the rooms so you can document the condition for court.

A security deposit is not a freebie for the landlord.

File a small claims case.

Options: ReplyQuote
Re: Landlord won't return security deposit - Advice?
Posted by: Another Landlord ()
Date: November 23, 2011 05:43PM

EdRealtor Wrote:
-------------------------------------------------------
> Carpet wear is normal wear and tear. Do not far
> that bullshit. Just clean the carpet the before
> you leave.

First, I seriously doubt that you are a Realtor, especially since you can't write a coherent sentence. And a pet peeing on the carpet is not "normal wear and tear". That's why landlord's charge a pet deposit (which usually isn't enough to cover the actual damage). By the way, in addition to carpet cleaning, most leases require that the tenant hire a professional exterminator to treat the property for fleas and ticks at the expiration of the lease. Since most tenants do not adequately read the lease, they tend not to do that, resulting in a deduction from the security deposit.

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Re: Landlord won't return security deposit - Advice?
Posted by: Remorseless ()
Date: November 28, 2011 06:52PM

The license plate of the pickup truck with the tags from another vehicle is KEB 2014. The car is a white pickup Dodge Ram truck. The woman attempting to sell the truck is an illegal whose husband, Diego Blanco Fernandez, was deported due to multiple arrests. Instead of paying the tickets for the multiple incarcerations and fines he chose to drive with plates that were from another vehicle.

Again the vehicle is a 2007-2010 White Dodge Ram pickup, maybe an 1500 or 2500, with tags KEB 2014. If you see it let the powers that be know or post it on here. It's most likely parked somewhere but you may see it driving around as well.

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Re: Landlord won't return security deposit - Advice?
Posted by: Bingo ()
Date: November 28, 2011 07:10PM


Options: ReplyQuote
Re: Landlord won't return security deposit - Advice?
Posted by: Remorseless ()
Date: November 29, 2011 11:43AM

Wow, good find. That's the car and the ad. It's not at that house anymore though. They ar running scared like illegals crossing the border so they moved the car.

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Re: Landlord won't return security deposit - Advice?
Posted by: michael ()
Date: May 08, 2012 07:53PM

lease states landlord can hold security deposit for up to 45 days if there is no damage to the apartment.And there was no damage.

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Re: Landlord won't return security deposit - Advice?
Posted by: iran90 ()
Date: May 09, 2012 08:24AM

He has 45 days after the termination of the lease to provide an accounting for any deductions from your security deposit. You are also entitled to inspect the records for any charges - so if he says he needed to replace drywall, he must produce the receipt.

Reasonable wear and tear is not deductible from a security deposit. New paint or periodic replacement of carpet is not allowed.

The rules are very simple. Chances are he's just seeing if he can ignore you - pretty slimy. If you press and he doesn't pay up, he may not have the money to give you.

Then again, you never said 'I left it exactly as when I moved in'. If you ripped up the carpet or poked holes in the wall, he's entitled to repair it with your security deposit. And he doesn't have to get some half-ass repair. If you burned a hole in the formica counter top, he can replace the whole thing if he wants.



The above is not accurate. It is all dependent on if he participates in the VRLTA (which is determined by how many units he owns). He certainly does not have to put your funds in an escrow account nor does it have to accrue interest. He has 45 days to send you a statement of what has been deducted (if he does participate in the VRLTA otherwise it is determined by what is in the lease-I have 60 days for example), and he does not have to produce documentation for his costs unless it is demanded in court. If you have late fees, legal fees, or damages they should rightfully be deducted.

I love tenants that damage the property, pay rent late, or not at all-then expect their security deposit. If you have damaged the property or have late fees and go to court, expect to be held accountable for even more. Not to mention NO rental reference, which you probably don't need cause your life is pretty bogus anyway.

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Re: Landlord won't return security deposit - Advice?
Posted by: trogdor! ()
Date: May 09, 2012 08:26AM

Few things get a landlord to turn over inappropriately held deposits faster than receiving a summons to court. Best $58 you'll ever spend.



www.fairfaxcounty.gov/courts/gendist/admin.pdf (starts on page 53)

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Re: Landlord won't return security deposit - Advice?
Posted by: WingNut ()
Date: May 09, 2012 08:34AM

trogdor! Wrote:
-------------------------------------------------------
> Few things get a landlord to turn over
> inappropriately held deposits faster than
> receiving a summons to court. Best $58 you'll
> ever spend.
>
>
>
> www.fairfaxcounty.gov/courts/gendist/admin.pdf
> (starts on page 53)


+1

Take him to small claims is the best remedy.

Be prepared for the landlord to allege property damages and maye even produce photos or documentation of repairs.


idontlikebeingrightaboutshitlikethisbutiam



Edited 21 time(s). Last edit at 5/31/1967 05:57AM by WingNut.

Last edit at 11/30/2015 01:37PM Last edit at 5/14/2015 03:52PM Last edit at 1/28/2014 05:57AM Last edit at 11/29/2015 01:10PM Last edit at 3/14/2011 11:52PM Last edit at 7/20/2012 04:07AM
Last edit at 6/29/2013 11:18PM Last edit at 3/19/2011 01:02PM Last edit at 3/26/2012 09:07PM


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Re: Landlord won't return security deposit - Advice?
Posted by: mr. robinson ()
Date: May 09, 2012 11:06AM

Cill dee landlord.

C-I-L-L.

Options: ReplyQuote
IMAGES........by Tyrone Green!!
Posted by: Gordon Blvd ()
Date: May 09, 2012 12:40PM


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Re: Landlord won't return security deposit - Advice?
Posted by: westfieldssoccer ()
Date: May 09, 2012 03:46PM

How about you treat a home decently and pay your rent on time moron, lowlife.

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Re: Landlord won't return security deposit - Advice?
Posted by: Deb ()
Date: July 13, 2013 02:25AM

Tyrone Greene Wrote:
-------------------------------------------------------
> "Images by Tyrone Greene"
>
> Dark and lonely on a summer's night.
> Kill my landlord. Kill my landlord.
> Watchdog barking. Do he bite?
> Kill my landlord. Kill my landlord.
> Slip in his window. Break his neck.
> Then his house I start to wreck.
> Got no reason. What the heck?
> Kill my landlord. Kill my landlord.
> C-I-L-L my land lord!

LOL I wonder how many people actually feel like that??

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Re: Landlord won't return security deposit - Advice?
Posted by: Hoosier Daddy ()
Date: July 13, 2013 03:21AM

Nigger, please. Your security deposit is a gift to the landlord.

Don't file a change of address with the Post Office. Tell people who need to know directly.

Let all calls from the collection agency the landlord will sell the "debt" to go to voicemail for four years, or better yet get a new phone number.

And of course, cill.

Oh yeah, and to the guy who was paying over $2,000 a month in rent, nigger please!

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Re: Landlord won't return security deposit - Advice?
Posted by: bull ()
Date: July 13, 2013 06:31AM

WHAT? Wrote:
-------------------------------------------------------
> WashingTone-Locian Wrote:
> --------------------------------------------------
> -----
> > In all the years I rented, I never got a
> security
> > deposit back. There is always some way a
> landlord
> > can justify keeping it.
>
> That is just stupid. How big a pussy are you that
> you just accepted that bullshit?


WTL = liar.

He always made up bullshit stories to support his left-wing garbage politics.

He's still here; just using another name.

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