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Hello!!!
I live in Virginia, and have been on a month to month lease with my roommate, who is the leaseholder for almost two years now. I have been living AS AN OCCUPANT. My name is not under the lease, so my rent money would go directly to her. And all of the addtional expanses and what not are also under her name.
When I first came in, on October 2013, I was told to provide a security deposit for the rent. I signed the contract and agreement. I actually paid more for the security deposit, than the actual rent amount that I paid monthly. I stayed with my leaseholder for 1 year at that apartment, and then we decided to move into a smaller apartment once the new lease started. We did not go over the contract again. However, my leaseholder got a notice from the leasing office that there was "damage" and issues from the previous place we were at and a $300 or so fine was provided. She told me to pay half of it. It at that point did not occur to me that perhaps I should have told her to use my security deposit. I had completely forgotten about it.
It is now 2 months prior to my lease ending. I wanted to leave the place sooner, but I was still working things out with finding the new apartment to live in and what not. So I was finally able to sign the lease just a week prior to the month ending, therefore I gave the leaseholder just a 1 week notice that I am leaving, as everything happened so suddenly.
She informed me that after I leave she wanted to get my room, and the overall apartment cleaned, so the total cost would be 100 dollars and I would have to pay half, as well as pay for the remainder of the utilities that are owed for that month. I am not sure why I owe her the cleaning expanses, because I think that should essentially get out of my security deposit, and I also realized that perhaps the damage fees that I paid, should have also gone out from there!!!
I had informed/reminded her that I also needed to get my security deposit back. She said that because I ended my lease prior to it officially ending (even though I am month to month), and because I gave her only a 1 week notice and not a one month notice, she cannot give me back the security deposit.
I did read that in Virginia there may be setbacks if you give a short notice for leaving the apartment. Is she correct to say that I cannot get my security deposit back due to this? Is this a legal requirement? Or is that the true right of the leaseholder??
ALSO, do I need to pay for the extra expanses? This is something that the leaseholder should be doing with my security deposit, correct?
I would really like to know before things become a bigger issue or taken to Small Claims. Not sure how weak this case is or my CASE is. I was also really under the assumption that I have a right to get my security deposit back since I stayed their for almost two years and there was also no damages on my end, even though we got that notice. What is the best way to handle this situation?
Best way to handle it is to pay the $50 and move on with your life. The $300 bill for the last place was likely in addition to your security deposit. The lease holder paid the full security deposit themselves and you reimbursed your portion to them which the management then used up on cleaning and repairs and had a $300 bill remaining that they sent you. It would be very hard to prove anything you are saying without a written lease or some kind of proof you paid and honestly it likely isn't worth your time or a courts time, it will cost you more than you think it will just to file which you may get back or you may not. And all of that is ignoring the fact that you gave 1 weeks notice, most places require 30 days notice made prior to your rent due date, which makes you really responsible for another month's rent. As for paying utilities they are always postpaid bills, you use them then you pay for what was used, so you likely would wind up owing if you tried to take it to court.
Best way to handle it is to pay the $50 and move on with your life. The $300 bill for the last place was likely in addition to your security deposit. The lease holder paid the full security deposit themselves and you reimbursed your portion to them which the management then used up on cleaning and repairs and had a $300 bill remaining that they sent you. It would be very hard to prove anything you are saying without a written lease or some kind of proof you paid and honestly it likely isn't worth your time or a courts time, it will cost you more than you think it will just to file which you may get back or you may not. And all of that is ignoring the fact that you gave 1 weeks notice, most places require 30 days notice made prior to your rent due date, which makes you really responsible for another month's rent. As for paying utilities they are always postpaid bills, you use them then you pay for what was used, so you likely would wind up owing if you tried to take it to court.
Hi here. Actually the thing is that the bill was exactly 300 dollars or something and nothing more than that. I saw the letter. I guess when we left our previous apartment there may have been issues there that weren't suffice for management. Those issues were not disclosed but I do not recall having any property damage or anything on my end. The leaseholder did not have to pay any additional costs on the side. The 300 or so bill was split between the two of us. I think that should have come out of my deposit but I didn't remember then.
My biggest thing is that if I provided a security deposit, then why isn't it going into use? Why do I have
To pay 50 dollars for cleaning that will happen AFTER I leave?? I am already going to do my part prior to that. So that is why I am confused. Leaseholder claims that the security is for the beginning of the lease to insure that the occupant staying there is not trouble or won't damage anything or not pay rent. But I just want to know what my rights are in terms of that deposit.
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