Legal Question in Landlord & Tenant Law in Virginia
Security Deposits
Our lease agreement required the landlord to return our security deposit within 30 days (the lease says all they have to do is mail it within 30 days) or provide a written list of deductions. They did that, but we replied with a letter disagreeing with the deductions. They then sent a letter claiming the Virginia Resident Landlord Tenant Act (VRLTA) gives them 45 days and they are now asking for more money. The VRLTA does give them 45 days, but doesn't the lease override that? The VRLTA states it is in effect if the landlord owns four or more properties. They owned more than four during the first fives years, but not the last two years. Does it still apply? They mailed the letter on day 44 and we received notice of it (it was sent certified) on day 47. What is the official notification day? Are they late if the VRLTA applies?
1 Answer from Attorneys
Re: Security Deposits
There are many things that a lease cannot change
from the VLTA law. However, the lease CAN
agree to a shorter time or details more
favorable to the tenant regarding the security
deposit.
The landlord MUST comply with the lease, just
as they expect you to comply with the lease.
They cannot enforce the lease while simultaneously
violating that same lease.
Therefore, they are stuck with the 30 days
provided in the lease.
Related Questions & Answers
-
Verbal purchase agreement Are verbal property purchase agreements enforceable? Asked 11/29/05, 5:44 pm in United States Virginia Landlord & Tenants
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
