Legal Question in Landlord & Tenant Law in Virginia
Security Deposit as an Application Fee
Gave a security deposit on 5 May without signing the lease for a rental house. 14 Days later, on 19 May, decided not to rent and notified realtor. Rental house would not have been available until the first of the month, 1 Jun. Realtor stated they would charge me the pro-rated amount for the time that the rental house was off the market (i.e. from 5 May to 19 May). Referencing VRLTA 55:248.6:1, I was wondering if ''actual expenses'' covered the house being taken off the market and therefore entitled the realtor to the pro-rated amount?
1 Answer from Attorneys
Re: Security Deposit as an Application Fee
The referenced statutory provision of the Virginia Residential Landlord Tenant Act(VRLTA)requires that application fees in excess of $32
which cannot be identified and itemized as actual expenses and damages incurred by the landlord must be returned to the rental applicant. If the house was rented by the landlord to some other person effective June 1, 2006, I do not see how the fact that the property was off the market for a few days in May due to your application could be legitimately justified as actual expenses or damages if in fact another renter was found to replace you effective June 1, 2006.
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