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MDLawyer
MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6128
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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If you signed a 1 yr lease and then, was on month to month

Customer Question

If you signed a 1 yr lease and then, was on month to month agreement but no lease for two years. Was late paying rent, most of the time I was not asked to pay a late fee. After I moved out, the landlord is keeping a large part of my deposit to cover late fees. Is this legal. My issue is why did she not ask for them when I gave her the rent check. she lived a few blocks away from the rental. We talked alot.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 1 year ago.

Hello and thank you for using the Just Answer website. I am sorry to hear about your situation but I look forward to assisting you.

I need a bit more information, however, in order to do so. First, in what state are you located? Second, what did she say when you asked why she had never charged the late fees before? Third, when you say that you were not asked to pay late fees "most" of the time, does that mean that you were in fact charged late fees before? Lastly, in what year did you sign the original lease and when did you actually move out?

Customer: replied 1 year ago.
The lease was in the State of Virginia, signed 3 yrs ago, moved out end of June, 2015. She said we had txt msgs about the late fees.She if forgetting that she verbally said don't worry about it.
Expert:  MDLawyer replied 1 year ago.

So you were charged and paid late fees at various points during your tenancy?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
She is keeping over $800 for her back fees. I never received any statements while I lived there for back fees.
Expert:  MDLawyer replied 1 year ago.

Thank you for the additional information. Please give me a few minutes to confirm the current statutory law for Virginia.

Customer: replied 1 year ago.
no I do not want to switch to a live call
Expert:  MDLawyer replied 1 year ago.
Under Virginia law, a person has up to 6 years to collect a debt. Therefore, your landlord does have the right to go after the late payments, legally. She is required, however, to prove that you were late.
With respect to withholding the security deposit, a landlord in Virginia is entitled to deduct it from your security deposit. She does still have to follow the rest of the rules for the security deposit, though, such as having to prove you were late if you send her a letter contesting the security deposit deduction.
Please let me know if this has answered your question. If it has not, please simply reply so that we can continue our conversation.
Expert:  MDLawyer replied 1 year ago.
Were you asked by someone about a live call? The above message is the only I have sent to you. I did not ask you to do a live call.
Customer: replied 1 year ago.
if she never sent me a statement while I lived there and waits till I move to request the late fees, it is legal?
Expert:  MDLawyer replied 1 year ago.

It is legal if your original lease did inform you that there would be late fees and what they are.

Expert:  MDLawyer replied 1 year ago.
Please let me know whether you need any additional information. If you do not, please be so kind as to leave a positive rating as that is the only way that we experts get credited for the time spent assisting you with your questions. If, however, you still have more questions, just let me know so that I can continue to work with you.
Thank you in advance for allowing me to assist you today.
Expert:  MDLawyer replied 1 year ago.

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