Can I get my security deposit back without the rent agreement?

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Can I get my security deposit back without the rent agreement?

I had signed up for an apartment rent month-to-month and lived there for about 4 months. When I signed, I paid $600 for security deposit. About a month before I moved out, I notified them ahead with a letter saying when I will leave and get their signature on the letter. I have paid my rents to when I lived there. Now they are saying that they cannot give my deposit back because I did not return the key to their office. I could not return the key because the office was closed when I moved out so I left the key in the apartment unit I lived. Can I get my money back?

Asked on November 23, 2011 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In every state in this country there are requirements that the landlord is to return the former tenant's security deposit within 21 to 45 days after move out depending upon the state that one lives in. If the full amount of the security deposit is not returned, the former landlord is to set forth an itemization as to what the security deposit was used for with invoices and receipts for the use of the security deposit.

I would write your former landlord a letter requesting the amount of the security deposit returned by a stated date. If not returned by then, the option is filing a small claims action.


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