Legal Question in Real Estate Law in Virginia

Rent Escrow Account
My landlord rents less than 10 houses and is not subject to VLTA. However, we have recently had major issues with repairs needed prior to my move in (I have been here more than a year on a month to month lease). My landlord is requiring that I pay for thse repairs (such as a water leak in the bathroom) or give a 30 day notice and move out. She has already stipulated that when I move out, she will, under no circumstances, return my security deposit. She has also told me that she kept the former tenant's deposit for these same repairs. Even though not covered by VLTA, can I put the last month's rent in an escrow account to ensure that there is a way to retrieve my deposit, and how do I dispute this?

Asked on 9/01/02, 6:04 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Rent Escrow Account

The general district court has a special escrow account for landlord-tenant rental disputes.

You could also sue for your deposit after you move out, if your landlord improperly withholds your deposit, but either way, you're going to

have to defend your actions(refusing to pay for repairs) as justified under the lease under which you and the landlord were operating.

Note: Even if the landlord is not subject to VLTA,

the parties can voluntarily agree to be subject to the provisions of the Virginia Landlord Tenant Act, which, in situations where there is no

written lease, in effect serves as the legal

governance for an oral lease.

Answered on 9/03/02, 6:12 pm

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