Q: Is there a statue of limitations if my landlord did not return my rental deposit??? I have proof its owed to me.
Its been almost 2 years since I pursued it.
A:
In Virginia, there is a statute of limitations for pursuing legal action against a landlord who has not returned your security deposit. According to the Virginia Residential Landlord and Tenant Act (VRLTA), the statute of limitations is one year from the date you moved out of the rental property or the date the landlord returned your security deposit, whichever occurred last.
However, since it has been almost two years since you initially pursued the issue, it may be more challenging to take legal action against your landlord now. That said, if you have clear evidence that your landlord owes you the deposit and failed to follow the proper procedures, you might still have a case.
Here are a few steps you can consider:
1. Send a written demand letter to your landlord, outlining the amount owed and the evidence you have to support your claim. Give them a reasonable deadline to respond or return your deposit.
2. If your landlord does not respond or refuses to return your deposit, you can file a complaint with the Virginia Department of Agriculture and Consumer Services (VDACS) or the Virginia Fair Housing Office.
3. Consider consulting with a landlord-tenant attorney to discuss your options and determine if you have a strong case despite the statute of limitations having passed.
Keep in mind that pursuing legal action can be time-consuming and costly, so weigh your options carefully. If the amount of the security deposit is relatively small, it may not be worth the effort and expense of going to court.
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