Legal Question in Landlord & Tenant Law in Virginia

I have a rental house. I showed the house as available 10/1/10. A couple said they couldn't move in until mid October. I agreed that if they paid a deposit - I would hold it for them.I turned down another couple in the mean time. The tenants signed a lease on 10/10/10. That was to take possession on 10/24/10. They also wrote me a check for the deposit. They now called on 10/12/10 and said they just can't do it. Since they have signed a lease (although not moved in) - can I keep the deposit? They have cost me 1 or now maybe 2 months rent.


Asked on 10/12/10, 12:58 pm

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

If the tenants signed the lease, they are now responsible for all rents due

under this lease until its natural expiration (unless you agree to now allow

them to withdraw from or rescind this presumably otherwise fully enforceable contract).

If this lease is covered by the Virginia Residential Landlord Tenant Act,

you must comply with Va. Code Sec 55-248.15:1 regarding security deposits.

If not, then the manner in which you are now required to deal with the security deposit should be governed by the terms of the lease itself unless there's no relevant provision covering this issue in which case you could obtain the agreement of these "almost tenants" to apply the security

deposit as your liquidated damages in return for your release of them from

all liability for which they might be responsible under this lease which they

signed as your prospective tenants.

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Answered on 10/18/10, 6:44 am


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