Legal Question in Real Estate Law in Virginia
Rental Home
I am currently renting a home filled with mold. I have mentioned to the landlord and he has done hardly anything. With all this in mind, my wife and I have given our 30 days notice (which our agreement is a 30 day notice). My landlord now says we are going to owe him two (2) mnths rent and he is pro rating our security deposit. Our agreement states one mnths rent is due and I get my security deposit back within 30 to 45 days. What can I do? What is my legal stands here, especially with the mold issue? I have contacted local and govt authorities on this issue and have gotten the run around HELP!!
Thank you for your time. I look forward to hearing from you.
1 Answer from Attorneys
Re: Rental Home
It is not really possible to give you an answer without seeing the lease. However, generally speaking, if the lease provides for 30 day notice, and you give such notice in the manner and timeframe required (i.e.,in writing by the first of the month, etc.,), the landlord has no right to hold you to an additional 30 days. Security deposits are to reimbursed, subject to the condition of the premises at move-out. Unless the landlord is off-setting a valid sum due from the security deposit, I'm not clear on the reason for prorating the security deposit.