Legal Question in Landlord & Tenant Law in Virginia
deposit made - no lease
I placed a deposit on a house to rent (1st months and part of the last months rent) but did not sign a lease. I have changed my mind - can the landlord keep the deposit I paid? Can I stop payment on the check?
1 Answer from Attorneys
Re: deposit made - no lease
If the transaction was governed by the Virginia Residential Landlord Tenant Act (VRLTA), the landlord must refund all application fees/deposits in excess of $32 less any actual expenses/damages incurred by the landlord as a result of the non-rental of the subject unit which must be itemized on a list and presented to the rental applicant with the applicable refund within 20 days after the day the rental period was to have commenced.
If the transaction was not under VRLTA, it would
appear that all such fees/deposits would need to be returned to the rental applicant within a reasonable period (no more than 30 days)less any
actual expenses/damages incurred by the landlord as a result of the failure of the rental applicant to follow through with the lease.
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