Legal Question in Landlord & Tenant Law in Virginia
renewal rental agreement
I am a landlord who has sent a renewal lease agreement to my current tenants. If the tenants wish to renew their lease one of the stipulation is to pay another security deposit which is based on the number of times they were late making payments in the original lease agreement. Am I allowed to do this by law?
2 Answers from Attorneys
Re: renewal rental agreement
Sir,
If you are subject to the Virginia Landlord and Tenant Act, you are not permitted to collect a security deposit of greater than 2 month's rent.
Re: renewal rental agreement
No, you are not allowed to do what you've proposed if your lease is under the Virginia Residential Landlord Tenant Act (VRLTA) and your required security deposit exceeds two months of the periodic monthly rental amount to be charged under the lease. (See Va.
Code Sec. 55-248.15:1.)