Landlord Question and Answer Forum
My tenant informed me he is breaking the 1 year lease after 5 months. To compensate me for a portion of the rent I will be out until I can re-rent, he paid me 1 month extra (he has departed and house is vacant.) Am I required to return his security deposit in the state of Virginia?
michelle p, VA on Saturday, April 24, 2010
RE: 1 year lease broken after 5 months
Upon termination of the tenancy, such security deposit, whether it is property or money, plus any accrued interest thereon, held by the landlord as security as hereinafter provided may be applied solely by the landlord (i) to the payment of accrued rent and including the reasonable charges for late payment of rent specified in the rental agreement; (ii) to the payment of the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with § 55-248.16, less reasonable wear and tear; or (iii) to other damages or charges as provided in the rental agreement. In most states, IF YOU RENT THE APARTMENT OUT - YOU CANNOT COLLECT RENT TWICE FOR THE SAME MONTH!
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