THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, July 23, 1994 TAG: 9407220432
SECTION: REAL ESTATE WEEKLY PAGE: 26 EDITION: FINAL
COLUMN: Landlords & Tenants
SOURCE: William Mazel and Albert Teich Jr.
LENGTH: Medium: 65 lines
About 1 1/2 years ago, my husband and I rented a house in Norfolk after its owners received a job transfer to France. We paid the rent through a real estate agent, a friend of the owners'.
We enjoyed the house and paid the rent promptly. We also made several improvements to the property.
When we reached the end of the lease, we gave the proper notice and moved. Four months later, we have yet to receive our deposit.
The agent told us he sent the deposit to the homeowners after the lease was terminated. How do we get our deposit back?
Getting back your deposit may involve some time and effort. You should first obtain a warrant in debt against the landlords from General District Court, civil division, in Norfolk.
Tell the clerk of the court that you want to sue the landlords even though they are in France. The court will then assist you.
You will have to sign a notarized affidavit stating that the landlords do not live in Virginia. You should also include what you believe to be the landlords' correct address in France.
The notice will then be mailed to the landlords. When the court day arrives, you will tell the judge your situation.
You are then likely to receive a judgment against the landlords, which will become a lien on their property. You will also be able to attach the current rental income being paid by the new tenants.
When you do file suit, be sure to ask for interest, damages and attorney's fees, if applicable. Troubles with students
For several years, I have been renting out a single-family house to students. One thing bothers me: At the end of the school year, my student-tenants think they do not have to pay rent for the summer.
I try to explain to new tenants that they have signed a one-year lease. I tell them they are liable for all 12 months, even when they are away for the summer.
Now that the school year is about to begin, how can I avoid problems with renters refusing to pay next spring?
There is no simple answer to your problem. Still, you can take several steps to protect yourself and to make sure your tenants know about their 12-month obligation.
You can insist on a security deposit worth two months' rent. That way, if a tenant does not want to pay for the last two months of the year, you can keep the deposit.
Granted, a security deposit of that size is a lot to ask of a student, in addition to the first month's rent. Instead, you could prorate the extra months' deposit over the first 10 months of the lease.
If this still seems harsh, you could simply draft your lease for 10 months' rent, with the last two months free.
A final suggestion: When your tenants sign a lease with you, include an extra signature line for them to acknowledge that they are obligated to pay the rent, even during the summer when they are away. MEMO: Albert Teich Jr. and William Mazel are real estate lawyers based in
Norfolk. Send comments and questions to them at Real Estate Weekly, 150
W. Brambleton Ave., Norfolk, Va. 23510. by CNB