Legal Question in Landlord & Tenant Law in Virginia

I signed a one-year lease with a friend. That lease expired and we're currently on a month to month. I gave the landlord 30 days notice that I was moving out. My friend is going to continue living on the property by himself. When I asked my landlord about returning my deposit to me, I was told that I couldn't get my deposit back because we entered into the lease together and since he's going to continue to live there a deposit have to be kept on the house at all time. We've been on a month to month for two months now. I don't understand why I'm not entitled to receive my deposit back. I've never been late on rent and all my utility bills are paid in full. I thought since we're on month to month, the lease we signed over a year ago was invalid. Can my landlord deny me my deposit back??

Asked on 10/03/12, 6:25 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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The lease that has now expired could possibly have terms that

could carry over to the month to month arrangement with respect to the security deposit and support the landlord's position on the matter.

Therefore, you might want to consider having your roommate who is remaining

in the rental unit to assume responsibility for this security deposit and refund to

you whatever amount of this deposit that may be due you.

Answered on 10/03/12, 11:41 pm

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