Legal Question in Real Estate Law in Virginia

This is about a parking space rental, which is covered by a lease. The security deposit is a small amount to cover the return of the parking documents in a usable condition. The tenant has accrued late-payment fees and refuses to pay them. The late fees are more than the amount of the small security deposit and total about ten days' worth of parking.

My question: The tenant has paid the rental fee for the last month of the lease, but refuses to pay the late fees. Can a landlord subtract those late fees from the rent paid for that last month and have the tenant's car towed out of the parking space ten days before the end of the last month if she does not pay the late fees?

I have given the tenant notice that I would do this and told her she would be responsible for the towing charge and any subsequent storage fees, but she insists that she has paid for the last month and, according to the lease, she can park in the space for that month.

Thanks very much in advance.


Asked on 12/14/12, 8:38 am

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

The issue would seem to reduce to whatever the lease may have to say

about it (and, if not directly, then whatever may be reasonably inferred).

But, if there is absolutely no reference in the lease to the kind of situation

described (nor even one than can be inferred) caution should prevail and

your better course would likely be to sue this recalcitrant one in the local general district court for whatever amounts are still owed for the rental

of this parking space (my opinion).

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Answered on 12/14/12, 10:52 am


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