Q: Did the recent updates to the VA Landlord and Tenant Act increase time limits for security deposit returns?
It has been 48 days since the end of my lease and I have not received my security deposit back, an itemized list of deductions, or any communication regarding withholding my deposit. My lease specifically stated that the deposit would be returned within 45 days. I reached out to my landlord to ask if the deposit had been postmarked. They confirmed they had not contacted me in these 48 days. However, my landlord is claiming that recent changes to the tenant laws specify that they have 45-60 days to return the deposit or make deductions and they are still processing the deposit. Are they within their rights?
Security Deposits are governed by 55.1-1226 of the Code of Virginia - you can find it at this link:
It specifies 45 days from the date defined in the law (earlier timelines were a bit shorter) so it may be that the landlord is incorrect. I suggest you wait until at least 60 days have passed before taking action - the court will be more sympathetic then than if you run in and file something now. I know you want and need the deposit back, but some patience will have a greater chance of being beneficial to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.