Security deposit confusion

[Matthew S.]

Hi Guys,

I have a question about a security deposit. A tenant whose lease is almost up owes a small additional amount of rent (a lesser amount than the security deposit) for part of his last month. Does the security deposit (or at least, the security deposit minus the outstanding rent minus cost of any repairs) have to be returned to him within the legal timeframe (of 45 days in this case) if the remaining rent has not been paid? Or, can the security deposit be held onto until the tenant pays the remaining rent? The state in question is Virginia, but I haven't been able to find an answer online.

[Phillip Syrios]

I don't know about Virginia state laws, but in Missouri, Kansas and Oregon where I am familiar with the laws you have to give them their deposit as well as a list of all transactions that took money out of their depsot within the timeframe required by law. If you do not do this you are required to pay back 3 times their deposit.

In my state we can take owed rent out of a deposit, but we cannot hold onto a deposit because we are expecting more money to come in.