This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Virginia Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment
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US-01678BG
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How to fill out Complaint In Small Claims Court For Failure Or Refusal To Return Money Deposited For Apartment?
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FAQ
If the landlord fails to return the deposit after the allowed time period, the tenant can file a Warrant in Debt in the Small Claims Court for return of the deposit. This will often prompt the landlord to file a Counterclaim for any additional damages above the amount that was covered by the security deposit.
The small claims court has jurisdiction (the authority to hear and decide a particular type of case) over civil cases in which the plaintiff is seeking a money judgment up to $5,000 or recovery of personal property valued up to $5,000.
In the state of Virginia, a landlord is only allowed to charge a tenant security deposit equivalent to a maximum of two months' rent. Landlords are not allowed to charge more than this amount. What's more, Virginia landlords are allowed to ask for an additional pet deposit.
If the landlord fails to return the deposit after the allowed time period, the tenant can file a Warrant in Debt in the Small Claims Court for return of the deposit. This will often prompt the landlord to file a Counterclaim for any additional damages above the amount that was covered by the security deposit.
Return of security deposit not an issue until 45 days after tenant has moved. Within 45 days, landlord must send security deposit, or a list showing how security deposit was used, or some combination. If tenant disagrees, or if landlord sends nothing, tenant may sue landlord.
You will need to bring as much documentation as possible to court. This should include cancelled checks, the lease, any move-in or move-out inspection reports, pictures, and witnesses. If the landlord fails to handle the refund of the deposit ing to law, the landlord may have to pay your attorney's fees.
Failure to Return the Deposit by the Landlord If you fail to return the amount within the 45 days upon tenant move-out, Virginia law states that you may face a number of charges such as meeting costs of the suit and reasonable attorney fees, as well as paying back the amount withheld.