Legal Question in Landlord & Tenant Law in Virginia

Re: Security Deposit Deductions

The exemption from the VLRTA includes:

� 55-248.5 (10) Occupancy in single-family residences where the owner(s) are natural persons or their estates who own in their own name no more than ten single-family residences subject to a rental agreement; or in the case of condominium units or single-family residences located in any city or in any county having either the urban county executive form or county manager plan of government, no more than four.

So it would seem that the owner of a single detached house would be exempt. (Unless the lease agreement says it is under the VLRTA, which would change this.)

However, the real question is whether or not the landlord "waived" the late fee by continuing to accept rent for subsequent months AFTER the late fees were due. In the VLRTA, this is clearly established by statute. However, there is a general principle under common law even without the statute that allows for a WAIVER of any breach if the landlord later accepts rent for a later month without enforcing the previous breach. However, the lease agreement might say explicitly that there will not be a waiver.

The other question is what can you do about it. You could sue in small claims court or general district court to get your money back.