THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, January 21, 1995 TAG: 9501190265
SECTION: REAL ESTATE WEEKLY PAGE: 10 EDITION: FINAL
COLUMN: Landlords & Tenants
SOURCE: Albert Teich Jr.
LENGTH: Long : 109 lines
For several months my husband and I had been searching for a home. Finally, we found an HUD home in an excellent neighborhood. We made a bid and on Aug. 23 it was accepted.
During the time of our home search and subsequent purchase, we were tenants in an apartment in Suffolk. The property is covered by the Virginia Residential Landlord-Tenant Act. Because of the 60-day closing rule for our new home, we would have to break the lease on the apartment, which did not expire until Dec. 31.
However, with climbing interest rates and a shortage of affordable homes, we decided to proceed.
When we found that our bid had been accepted, we wrote a letter to the rental agent giving 60 days advance notice (as stated in the lease) of our intent to vacate the premises effective last Nov. 1. We also gave a copy of the letter to the resident manager when we paid our September rent on Aug. 31.
She stated that she would try to find someone to rent the apartment, but we were responsible for the rent until either she found someone or the lease expired.
We moved out of our apartment on Oct. 22 and turned in the keys on Oct. 24. The rent was paid through Oct. 31.
Here are my questions:
We know the apartment was vacant during much of November, but someone had moved in by Dec. 1. Therefore, if we were taken to court over the rent, am I correct to say that it should be only for November? Are there any time constraints on how long they can take to contact us about the rent owed?
The lease states that when there a married couple is in the apartment, both parties have to sign the lease. When my husband signed, he was single but later we got married. The resident manager told us that we both needed to sign a new lease, so we went by there twice to do so. Each time she was not in and she never pursued the matter. Does that give us grounds to say the lease was invalid?
A $250 security deposit was paid on the apartment. Last month, my husband received what was supposed to be a security deposit settlement in the amount of only $44. The resident manager's total deductions were $88, which we will not dispute.
At the time we turned in the keys, she asked about the carpet. We agreed to let her have it cleaned and to have it deducted from the security deposit. The only thing we disagree over is her notation that says ``improper notice given.'' She was given ample notice that we were vacating the apartment and that she could have contacted us about anything else that needed to be done.
On the settlement sheet, there is an additional charge of $118 for painting. There is nothing in the lease about painting upon vacating the premises. In fact, we have rented and moved from two other apartments in this same complex and no one ever said anything about painting nor was painting deducted from the security deposit; so why is it included now?
Additionally, if painting was required, shouldn't we have been contacted and told of this requirement or the cost before they took it upon themselves to deduct it from the security deposit? We could have painted it ourselves before Oct. 31 if we had been notified.
I know that the apartment must be in rentable condition, but we gave the resident manager advance notice and the only item that was mentioned was the carpet. If she had told us, the painting issue could have been rectified also.
What we find so disturbing about this whole matter is that my husband and I have rented in this complex for several years and they never had any problems from us whatsoever. I rented from them for two years and my husband rented a unit for 2 1/2 years before moving into a larger apartment last year. Painting was never an issue.
We know we broke the lease; therefore, we are willing to settle that account. However, it is unfair to be penalized for items we were unaware of or never notified about. In fact, we have not been contacted by anyone since we turned in the keys on Oct. 24.
We have received only the $44 check that we refuse to cash until we find out our rights in this matter.
In answer to your first question, you should be liable for the rent between the last payment you made and the date the new tenant took over. As to how long your former landlord can take to contact you about the rent, the only help I can give you is to state that in Virginia, the statute of limitations on a contract in writing is five years and that means that the landlord would have that period within which to bring suit for that one month's rent.
As to question No. 2 pertaining to whether the lease was invalid because you did not sign the lease, the answer is no, the lease was not invalid. Your husband, prior to the marriage, rented the property in his name; therefore, it is a good and valid lease and whether you signed the lease is immaterial.
As to question No. 3 involving your $250 security deposit, you do have the right to a better explanation and the landlord should have given you the opportunity of a walk-through so you could tell what was needed. The notation, ``Improper Notice Given'' is an improper designation for why they should deduct anything further from your deposit.
It does appear that you have a good claim for part of your $250 other than the $44 that was returned to you. I do not believe that cashing the $44 check would jeopardize your rights in collecting the balance of your security deposit, but if that check is indicated in any way, shape or form to be a payment to you in full for the security deposit, you should not cash it.
You were not going to dispute $88 of the manager's deductions; therefore, you see that you are really complaining about $200. You could go into court yourself and seek to recover that. You certainly would not need to retain the services of an attorney to collect that small amount.
I think you may as well sit tight for the time being. If the landlord tries to collect rent for the balance of the year, you would then want to have an attorney representing you who might also make a claim for the disputed portion of the security deposit. MEMO: Albert Teich Jr. is a real estate lawyer based in Norfolk. Send
comments and questions to him at Real Estate Weekly, 150 W. Brambleton
Ave., Norfolk, Va. 23510. by CNB