Legal Question in Landlord & Tenant Law in Virginia

Need to Protect Myself Legally

My landlord recently hit me with two unexpected fees: a late rent fee even though I made every effort to get it to him on time. My check was mailed on time and was returned to me by the PO. I called as soon as I saw the check had been returned, which was the last day before the late fee kicked in. He and his wife were unresponsive (they did not return my call that day as they usually do). So my check was late. All of my rent payments have been on time or early. He also charged a fee for lawn maintenance I was going to do. He voluntered to do the work without disclosing he was going to charge me for it. I no longer trust him. I am moving out in a month and will not be present for the final inspection. My niece will, but I want to do something to protect both of us against unfair costs for alleged damages. I am thinking of giving a friend limited power of attorney to act on my behalf. Also, can he insist my niece verify in writing that I am to receive all of the security deposit? I believe that agreement is between me and my niece. I have made all payments and have also been his only contact for all issues concerning his property. He also did not insist she sign the letter in which we notified him when we'd move out. Thank you.


Asked on 4/28/06, 2:00 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Need to Protect Myself Legally

I see no point whatsover in giving your friend a limited POA to act in your stead for purposes of

insuring to the extent possible that your untrustworthy(at least from your perspective) landlord does not take advantage

of your absence during the move-out inspection

walk through. Whatever needs to be done and can be done in this regard should be able to be handled quite capabably by your niece, assuming that she possesses at least average intelligence and education for someone of her age.

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Answered on 4/28/06, 10:50 pm


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