Legal Question in Landlord & Tenant Law in Virginia
Security Deposits non under the VRLTA
Must a landlord submit an itemized statement within a certain period of time if he does not plan to return the security deposit if he is exempt from the Virginia Residential Landlord Tenant Act? Or is the landlord entitled to keep the security deposit regardless?
2 Answers from Attorneys
Re: Security Deposits non under the VRLTA
The landlord is not entitled to keep the tenant's security deposit "regardless"; the deposit may be applied to effect repairs for damages which are reasonably attributable to the tenant or other refurbishments which should be spelled out in the lease. If no such repairs are required, the security deposit must be returned to the tenant.(Such deposits are just that, ie., deposits and once made, they in no way irrevocably become the property of the landlord.)
Re: Security Deposits non under the VRLTA
No, under a non-VRLTA lease there is apparently no such requirement of an itemization of expenditures for repairs of the rental unit which may be taken from a security deposit unless specifically provided for in the lease.
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