Legal Question in Real Estate Law in Virginia
water bill
My tennant moved out owing a deliquent water bill of $500.00 can I hold her deposit until this is paid off.My property is in Norfolk Va. they have an ordinance if your tennant moves out owing a water bill the bill stays with the house it does not follow the tennent. This is the craziest thing I ever heard. It has happend to me three times. I found out last year when I tried to sell a house I had to pay off old water bills left by the tennant.
1 Answer from Attorneys
Re: water bill
Unless your lease says something different, I believe that you can APPLY the deposit to pay off the water bill.
However, I would definitely provide NOTICE to the tenant first, ask them if they will pay it off or if they want to apply the deposit against the water bill.
(REMEMBER: It is possible they may want to dispute the water bill as erroneous. So it is a good idea to give them notice first.)
Then if you don't hear from them, sned them notice again of what you are doing, and apply the deposit to pay the water bill.
But be sure to check what your lease says.
If your lease contains limitations or restrictions on what the deposit can be used for, then you have to follow those limitations.
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