Legal Question in Landlord & Tenant Law in Virginia

I rented my house to a family beginning June 1, 2009, on a yrs lease to end May 31, 2010 @ $1350, with a $1000 deposit. In early Oct, they texted me that they wanted out of the lease to buy another house. just not sure when. I had paid a deposit on a townhouse to rent, scheduled to move in Oct. 30. When I contacted the tenants 3 wks later to see what they had decided, their attorney informed me they would be out by Nov. 15th. The apt. complex won't return my deposit and my lease states, "If Tenant violates any part of this Lease Agreement, including non-payment of rent, the Tenant is in default of this lease and the Landlord may initiate legal proceedings in accordance with local and state regulations to evict, as well as seek judgment against Tenant for any monies owed to Landlord as a result of the default. Yesterday, 11/16, they paid me 1/2 of the month of November's rent as they had vacated the property, after I agreed to it. But I also feel that they are not due the return of their deposit, not only for the convenicence of breaking the lease but also because of the costs I have incurred, due to their decision. I had sent them a certified letter to that effect but they wouldn't sign for it so their attorney feels I must return the deposit to them. Is it worth going to court over??


Asked on 11/17/09, 8:52 am

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

I would first ask as to why you allowed them to escape paying for the entire month of November? And, having asked that question, you just surely now be able to infer my answer regarding the return of their deposit: NO WAY (unless, of course, you foolishly allowed for it as part of the exit agreement).

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Answered on 11/22/09, 10:23 am


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