QUESTION
Dispute with landlord regarding security deposit?
Asked on Apr 30th, 2013 on Residential Real Estate - Virginia
More details to this question:
I have an unresolved dispute with the previous landlord who is not willing to pay the security deposit back. I have rented a room (basement) during the period of September 2011-August 2012. The renter's contract that I have signed states that the tenant is required to give a full calendar month notice (instead of 30days) to landlord before leaving the room. I notified my landlord on August 15, 2012 and was completely out of the room by August 25th. The owner decided to charge the $1000 security deposit as a rent for september since I did not give a full month notice. However, the next tenant moved in to the same room on September 30 even though I was charged rent for that month. I would like to know if it is possible for me to get the security deposit back. Also, I would like to know where I will have to contact in order to take legal action. Thank you
1 ANSWER
If the new tenant moved in on 9/30, yes the landlord can keep the money to cover the one month notice period. An old lawyer saying: "A contract is a contreact is a contract". You were obligated to give a full calendar month's notice and didn't. Had the new tenant moved in mid-way through September, you could get a pro-rated portion back but as you've described it, you're out the deposit. Sorry.
Answered on May 01st, 2013 at 5:28 PM