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My landlord is not held by the VRTLA and I gave my security deposit 5 years ago. The lease terms have changed in the past 2 years governing the security deposits. However, the $ amount of the revised leases are blank due to there not being any new security deposits given in that timeframe. The landlord has retained my deposit since I initially moved in 5 years ago and never returned it and they didn't follow the terms of the original lease (a list wasn't itemized and not within the time limit and no move in inspection as required in the lease) but the new lease agreement is so broad that there really are no restrictions. The language in the original lease regarding inspections and security deposits are "At the start of the tenancy" and "At the termination of the tenancy" as timelines for move-in inspections and returning the deposit. The new lease (even though no deposit was collected) states "The landlord shall hold this as a security until the end of this lease and until the unit is vacated" so I am not sure if the more current leases override this when I was already a tenant with my deposit being held if it doesn't explicitly say so. Is my security deposit supposed to follow the terms of the original lease when it was given since it was held throughout the years and not returned lease to lease? Also, if it must follow the lease now, does it matter that the old lease terms were broken in regards to move-in checklists, etc? Also, would the new lease mean that I should have been given an assessment of damages and the remainder of my deposit back each new lease?
This is a very complicated situation (this is only one of the issues)... I appreciate any help.
The law trumps the lease I believe. If the state law says they must itemize the list and provide it to you within a certain time frame, then that is what they must do.
The law trumps the lease I believe. If the state law says they must itemize the list and provide it to you within a certain time frame, then that is what they must do.
Problem is that the VRTLA does not apply and there are no defined statutes on security deposits to my knowledge. Therefore I am trying to determine which lease will actually apply.
Deposits aren't returned every time a lease is renewed. When you leave your LL will be required to return your deposit to you within the time proscribed by state law less any itemized deductions.
Deposits aren't returned every time a lease is renewed. When you leave your LL will be required to return your deposit to you within the time proscribed by state law less any itemized deductions.
There is no state law in VA for individual landlords for time frame or itemization. My main concern is which lease would apply governing the security deposit in my case. Also, what I mean is that with the latest lease terms, if they are the ones that should apply, shouldn't the security deposit be assessed each lease term and acknowledgement of a carryover if there is one?
There is no state law in VA for individual landlords for time frame or itemization.
Of course there is. The basic laws are right there, there are some minor exceptions for LLs who own only one or two rental units. Just about every state landlord tenant laws are the same in this respect.
Virginia's Landlord Tenant laws does not cover single family homes where the owner/landlord does not have over 10 such rentals. Basically anyone living in a private home that the owner has rented out falls in a crack. The renter is not without protectons, the terms of the lease will apply and if the terms follow the VRTLA those tyerms apply. The Virginia Commerical Code still applies to these contracts, and court rulings apply as to how the judicial system interprets the laws.
Virginia's Landlord Tenant laws does not cover single family homes where the owner/landlord does not have over 10 such rentals. Basically anyone living in a private home that the owner has rented out falls in a crack. The renter is not without protectons, the terms of the lease will apply and if the terms follow the VRTLA those tyerms apply. The Virginia Commerical Code still applies to these contracts, and court rulings apply as to how the judicial system interprets the laws.
Thanks, but which lease in this case would apply? The one when I gave my security deposit or the last one where no security deposit was collected as noted by the blank space on the lease of the amount on the lease? The original lease says it is governed by VRTLA, the last one says it isn't and gives no timeframe and no requirements of itemization.
Just a heads up for anyone with this issue, I took it to small claims and won based (at least) on the fact that I wasn't provided an itemized list in a timely manner. Hope this helps someone.
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