Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Is it legal in Virginia to NOT return the security deposit if a tenant breaks the lease agreement?
I'm having trouble finding the code for this specific item.
Generally everywhere it's legal to use the security deposit to cover the rent during the time which the landlord tries diligently to find a replacement tenant, assuming the existing tenant stopped paying the rent when he broke the lease agreement.
This would fall under (i) in the code.
If that process takes over 1 month, that would eat up the security deposit.
If landlord is lucky enough to have tenant continue to pay rent despite breaking the lease, then the security deposit would have to returned, less any deductions for damages.
Quote:
§ 55-248.15:1
Security deposits.
A. A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two months’ periodic rent. Upon termination of the tenancy, such security deposit, whether it is property or money, plus any accrued interest thereon, held by the landlord as security as hereinafter provided may be applied solely by the landlord (i) to the payment of accrued rent and including the reasonable charges for late payment of rent specified in the rental agreement; (ii) to the payment of the amount of damages which the landlord has suffered by reason of the tenant’s noncompliance with § 55-248.16, less reasonable wear and tear; or (iii) to other damages or charges as provided in the rental agreement. The security deposit, any accrued interest and any deductions, damages and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due the tenant within 45 days after termination of the tenancy and delivery of possession.
Last edited by oh come on!; 09-04-2015 at 02:24 PM..
Generally everywhere it's legal to use the security deposit to cover the rent during the time which the landlord tries diligently to find a replacement tenant, assuming the existing tenant stopped paying the rent when he broke the lease agreement.
This would fall under (i) in the code.
If that process takes over 1 month, that would eat up the security deposit.
If landlord is lucky enough to have tenant continue to pay rent despite breaking the lease, then the security deposit would have to returned, less any deductions for damages.
Thanks so much. What happens if the landlord does not give a list of itemized damages because the tenant broke the contract and the contract states that in the event of a breach by the tenant, the deposit is forfeited?
Thanks so much. What happens if the landlord does not give a list of itemized damages because the tenant broke the contract and the contract states that in the event of a breach by the tenant, the deposit is forfeited?
If the landlord did not send the former tenant an accounting of the deductions from the security deposit in the 45 days as defined by state law, the landlord is not entitled to any of the security deposit and will need to return ALL of it. State law overrides whatever is written in the lease.
If the landlord did not send the former tenant an accounting of the deductions from the security deposit in the 45 days as defined by state law, the landlord is not entitled to any of the security deposit and will need to return ALL of it. State law overrides whatever is written in the lease.
thanks. that's what i thought.
how can the landlord prove that it was sent? what if the tenant denies ever receiving it?
If the landlord did not send the former tenant an accounting of the deductions from the security deposit in the 45 days as defined by state law, the landlord is not entitled to any of the security deposit and will need to return ALL of it. State law overrides whatever is written in the lease.
While correct it is also misleading. If after 45 days you don't get a letter for the 15 day extension or the return and itemized list a judge can order full return of the deposit. However this does not remove your liability for any applicable damages, the landlord can still charge you for any damage to the premises.
Quote:
This section shall not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter.
the contract states that in the event of a breach by the tenant, the deposit is forfeited?
That sounds like some BS the landlord added in, and could be in violation of the law. Check with a lawyer. You can usually get free answers to general questions on Avvo.
If LL finds a new tenant the next day after breach by old tenant, and old tenant returns the property in mint condition, LL will have to return most of the deposit.
That sounds like some BS the landlord added in, and could be in violation of the law. Check with a lawyer. You can usually get free answers to general questions on Avvo.
If LL finds a new tenant the next day after breach by old tenant, and old tenant returns the property in mint condition, LL will have to return most of the deposit.
hmmm....i see. I couldn't find anywhere where that seems to be a violation of Virginia state law....
hmmm....i see. I couldn't find anywhere where that seems to be a violation of Virginia state law....
Read the law in its entirety but it seems like a load of **** to me, though legally allowed. I don't see where this is prohibited and you agreed to the terms in the lease so it most likely is perfectly legal, kind of like a lease break penalty of x months rent which is common. I would expect the surrender of the deposit to absolve you of any future liability, rent paid until a new tenant occupied.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
