Legal Question in Landlord & Tenant Law in Virginia

question about landlord/tennant rights on a no-lease agreement

Dear Sir or Madam:

I moved from a house that I had been renting since August 1999. We had absolutely no lease agreement. I simply paid the rent on a month-to-month basis, and paid a 350.00 deposit when I moved in. When I found I would be moving on a fast-track, I notified my landlord on July 15 of 2003 of such, and said that I would be moving out by the end of the month. I also said I would understand if he wanted to argue for the extra 2 weeks, but since we had no agreement, I was hoping for a dialogue. He fussed about my not giving him 30 days notice, but said he'd think about it. I moved out at the end of the month, and discovered that the next couple to rent moved in right behind us. I feel like I should get my deposit back, since he put people in without a break in the rent, and no doubt, charged them a security deposit, too. I realize that it's probably considered a 30-day lease when there is no lease, but still...he can't double-dip. I would like to know what my rights are; I've asked him in writing for my deposit, and he refuses to answer me, and before I send another, and the argument begins to get a little more heated, I want to make sure I'm right.

Thank you.


Asked on 9/08/03, 8:38 am

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

Re: question about landlord/tennant rights on a no-lease agreement

Security deposits have a number of purposes, a few of which are: (1) to secure landlord

expenditures for reasonable wear and tear caused by the tenant during his occupancy of the leased premises (2), for other expenditures occasioned by the tenant's early termination of the lease or failure to give adequate notice of such termination, and (3), to cover any rent monies which may be due and owing at the time of the tenant's departure from the premises.

Under your fact scenario it would appear that either #1 and/or #2 might qualify as a justification for the landlord's retention of your $350 deposit in a lease arrangment that ran between three and four years. (You have no idea whether the landlord had to advertise or incur other costs in order to secure the replacement tenants after your departure.)

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Answered on 9/08/03, 9:44 am


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