Danville, VA asked in Landlord - Tenant for Virginia

Q: We gave a landlord a $400 deposit to hold a property. It is still occupied and he refuses to give us our money back.

The agreed move in date was the 2nd week of june 2017. The residence is still occupied as of 6/12/17. His ad was misleading, leaving out additional monthly fees also. For these reasons, we decided not to move. Contacted him, and he agreed to meet and return our money. He never showed and ignored contact attempts for days. Now he says he owes us nothing? What steps can we take? We also had witnesses present when we paid him the deposit.

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: Since the landlord took your money, did not deliver the premises as agreed and will not return your money, he is in breach of contract. Since the amount is only $400.00, you can bring a lawsuit in small claims court where the property is located and demand your $400 be returned. Attorneys are not permitted in small clams cases in Virginia.

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