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Question

I GAVE MY LANDLORD A MONTH NOTICE WITH MY RENT PAYMENT TO MOVE. AND I ALSO OFFERED TO PAY A 5 DAY PRORATE FEE BECAUSE SHE DID NOT GET THE NOTICE UNTIL THE 5 DAY OF THE MONTH. SHE SAID THAT BECAUSE IT WAS NOT A FULL MONTH NOTICE IF SHE DOESNT GET ANYONE BY THE FIRST OF THE MONTH I WILL NOT RECIEVE MY SECURTIY DEPOSIT. I ALSO AGREE TO LET HER COME WITHIN THAT MONTH TO SHOW THE APARTMENT TO FURTURE PROSPECTS FOUR DAYS OUT OF THE WEEK. BUT IN MY SECURITY AGREEMENT IT ONLY STATES 30 DAYS AND NO WHERE IN MY RENTAL AGREEMENT DO IT SAY I HAVE TO LET HER SHOW THE PROPERTY WITHIN THAT MONTH I AM STILL THERE. CAN SEE LEAGALLY KEPT THAT DEPOSIT? AND DO I HAVE TO LET HER IN MY PLACE OF RESIDENCE SINCE I HAVE PAID THE WHOLE MONTHS RENT? I HAVE BEEN THERE 3 AND A HALF YEARS AND ALWAYS BE ON TIME WITH MY RENT.

Submitted: 578 days and 17 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information

Optional Information:
NORFOLK, Virginia

Already Tried:
NOTHING SO FAR BECAUSE SHE HAS ME THINKING THAT I HAVE NO RIGHT TO MY DEPOSIT. I SHE CAN DO WHAT EVER SHE WANTS BECAUSE I HAVE NO RIGHT.

Accepted Answer

Hello,

I am sorry, I do not have good news. In the state of Virgina the landlord has the right to sue the security deposit to cover any rent owed. I you were required to give a 30 day notice then it would be a full 30 day notice and thus if you were short by 5 days the landlord can request that the rent be paid for the month that the date fell in.

You are not required by law to allow the landlord in without notice. She can show the apartment to prospective renters without your permission as long as she gives a adequate notice. (Generally 24-48 hours).

The good news is if she is able to rent the apartment out for the month then she would be required to return the deposit minus any damages so it may be more to your benefit to allow her to show the apartment to renters.

You can read more about the deposit requirements here:

Virginia Security Deposits

Walter



Edited by Walter on 4/9/2008 at 11:13 AM

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Expert: Walter
Pos. Feedback: 99.7 %
Accepts: 2568
Answered: 4/9/2008

Legal C&onsultant

Specializing in all aspects of law including Family, Real Estate, Employment and Consumer Protection

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