Legal Question in Landlord & Tenant Law in Virginia

Re: Rental Foreclosure

First of all, I am suspicious that the landlord

has worked out a plan with the mortgage company

to avoid foreclosure. Don't assume that the

foreclosure is going forward. Maybe it isn't.

I don't think it makes any difference whether the

landlord is paying the mortgage.

As long as you are enjoying the use of the

apartment or house, per the lease, you are still

obligated to pay. However, as soon as your

use and enjoyment of the presmises is interrupted, your obligation to pay rent is

also terminated. (A case could be made that

the value of your enjoyment is diminished by

having to vacate early before you had planned,

and having to rush, and the landlord would be

fair in cutting you some slack, because it is

his fault.)

Normally, the security deposit is not used to

cover rent (unless the lease says so, all of

these statements can be modified by the actual

words of the lease, so you have to check that).

It is held back in case there are damages. So,

unless the lease says differently, no the landlord is not required to use the security

deposit to pay the January rent.

HOWEVER, he is obligated to hold this deposit

as real cash, so that it cannot be touched for

any other purpose, so that it is available to

be returned to you.

Re: Rental Foreclosure

Good Evening,

Your obligation to pay rent, while in possession, is not suspended because the landlord fails to pay his mortgage. However, if he no longer owns the property, he may not be entitled to the Feb. rent payment. The bank may be entitled to it. If you have not heard from the bank, or its agent, you should pay the landlord. The security deposit may, or may not, have been properly applied by the Landlord, again, this does not really mean anything for you. It was used in lieu of Jan. rent so, if you are responsible for damages, you would pay them at the end of the lease. On the other hand, the landlord, not the bank, may owe you for interest through Dec. 31st-

Robert J. Strupp

Attorney at Law, PLC

[email protected]