Legal Question in Real Estate Law in Virginia

security deposit return if lease violated

If a tenant has signed a lease with a specific "no pets" clause, and when vacating the apartment at end of lease it is discovered a large dog had been living at the premises for entire time of lease, would security deposit be forfeited by that tenant? Can the landlord legally keep said deposit because of that violation. There was also over $400 worth of damage to apartment, but am unsure as to proceed on the deposit situation.


Asked on 7/28/99, 1:28 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: security deposit return if lease violated

While the lease violation would have given you the right to default the tenant and evict, it does not give you the right to keep the security deposit, which covers actual damage. You need to comply with the lease and the Landlord-Tenant Act (if applicable) on retaining the security deposit for the actual damages.

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Answered on 7/29/99, 3:54 pm


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