THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, April 27, 1996 TAG: 9604250312
SECTION: REAL ESTATE WEEKLY PAGE: 30 EDITION: FINAL
COLUMN: Landlords & Tenants
SOURCE: Greg McCracken
LENGTH: Medium: 56 lines
Can residents of a predominantly senior community do anything if the property is being sold and the new owner wants to lease to tenants of all ages? B.M.B., Chesapeake.
It depends (this is legalese for there is more than one answer.) Virginia allows for the existence of senior/retirement communities. They generally include deed restrictions governing who may live there. Most of the time the deed restrictions are not thrown out by the sale of the property.
If you live in this kind of place check the deed restrictions. If you do not live in a senior/retirement community but a building/development where people of a common age have gravitated and taken up housekeeping, there is probably nothing to prohibit a new owner from leasing the property to tenants of all ages unless there is some provisions in your lease which addresses this issue. Security deposits
If you move out and leave the property in good condition, can your landlord keep your security deposit without telling you why? E.K., Drewryville.
No. Landlords must account for the security deposit upon request by the tenant. Under the Virginia Residential Landlord Tenant Act (VTRLA), a landlord who own more than 10 rental properties must provide a tenant with an itemization of damages to which he is applying the security deposit within 30 days of termination of the tenancy.
If he doesn't, it is a violation of the act. If you don't agree with the explanation, you can sue. Needs repairs
What can I do if my landlord won't make repairs? S.M. Virginia Beach.
Sue the landlord. Under the VTRLA if there is a material non-compliance, you can leave the premises with no further obligation to pay rent 30 days after giving written notice to the landlord unless the property is fixed within 21 days of the notice.
Material non-compliance means things that make the property livable, e.g., plumbing, a roof which does not leak, windows and doors in place. The landlord also has a duty to supply essential services, such as heat and hot water.
Failure to provide these normal conveniences within a reasonable time after written notice gives you the right to sue the landlord for breach of the lease and for any money you are out due to the inconvenience and inability to live in the property. MEMO: Greg McCracken is a Virginia Beach lawyer. Send questions to him at 4705
Columbus St., Virginia Beach, Va. 23462-6749. The fax number is
552-6016; e-mail, hpmv(AT)livnet.com by CNB