Legal Question in Real Estate Law in Virginia

"Within thirty (30) days after termination of the tenancy and return of possession of premises from Tenant(s) to Agent, Agent must provide Tenant(s) with an itemized listing of deductions made from the security deposit and with payment of amount due Tenant(s). If Tenant comply with all terms and conditions of the Lease Agreement and with applicable statutory obligations, Agent must return to Tenant(s) the security deposit, together with any accrued interest as required by law, within thirty (30) days after termination of the tenancy and return of possession of the premises to Agent by Tenant(s)."

We did not receive notification within 30 days. The envelope wasn't even stamped until after the 30 days was up. When I called they told me by law they had 45 days, which according to VRTLA is correct. I don't know which to go by, the lease that I personally signed or VRLTA. I know VRLTA is the law, but the lease is a written agreement between myself and the company I chose to rent from. If we go by the lease then they breached our written contract, but if we go by VRLTA then I do have to pay the outstanding charges.


Asked on 12/19/11, 12:56 pm

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

VRLTA prevails (in my opinion) in the situation described if the subject property of the lease is covered by this Act which means that the terms of this lease must also necessarily conform with the requirements of the Virginia Residential Landlord Tenant Act (including those governing notification after lease termination).

Looks like you'll have to pay up.

Read more
Answered on 12/19/11, 7:14 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Virginia