How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask MDLawyer Your Own Question
MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6135
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
Type Your Landlord-Tenant Question Here...
MDLawyer is online now
A new question is answered every 9 seconds

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: 2 years ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 2 years 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 2 years 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 2 years ago.

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

Customer: replied 2 years ago.
Customer: replied 2 years 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 2 years ago.

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

Customer: replied 2 years ago.
no I do not want to switch to a live call
Expert:  MDLawyer replied 2 years 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 2 years 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 2 years 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 2 years ago.

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

Expert:  MDLawyer replied 2 years 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 2 years ago.


Related Landlord-Tenant Questions