Landlord Question and Answer Forum
I have a situation where I included in my lease that if my tenant smoked within the unity, they would "Forfeit" their ($2,000) security deposit. So as an example, I have to replace the carpet (burned in several places) for $500. and so I'm saying the tenant has forfeited their sec dep (for smoking during the tenancy) and therefore Owes me $500 upon moving out. The tenant has come back with a letter stating that they have consulted with an attorney who says in the state of Virginia a landlord cannot FORFEIT a sec dep, but only use to apply to ACTUAL damages...which if that is true I must take the $500 carpet OUT of the sec dep and return $1,500. to these tenants. So my question is, Can a landlord actually forfeit an entire sec. dep. as a penalty for the tenant smoking within the property?
Diane W, VA on Tuesday, May 13, 2014
RE: Security Deposit
If it is something put in the lease that the tenant signed it should hold up in court. Their signature is a legal statement that they agreed to all terms and conditions of the contract. A good place to start would be to possibly talk to an attorney your self.
Posted by
David C, PA
on
Sunday, May 18, 2014
RE: Security Deposit
A contract can not override the law of the the land. If the State law states that a security deposit cannot be forfieted without there being corresponding damages than the signature on the lease will not matter. You should check the law in VA to get your answer.
Posted by
Daryl J, DC
on
Wednesday, May 21, 2014
RE: Security Deposit
if tenants have been smoking in apartment often you will need to repaint as well to get smell out (i hear oil paint gets rid of cigarette smell). you might take that out of their security deposit as well, plus any other items such as curtains replacement.
Posted by
Hester v, CT
on
Wednesday, June 4, 2014
RE: Security Deposit
if tenants have been smoking in apartment often you will need to repaint as well to get smell out (i hear oil paint gets rid of cigarette smell). you might take that out of their security deposit as well, plus any other items such as curtains replacement.
Posted by
Hester v, CT
on
Wednesday, June 4, 2014
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