How Do I Get My Security Deposit Back?

What Is a Security Deposit? If you are a renter or a landlord then you are already pretty familiar with the concept of a security deposit. A security deposit is an amount of money that is paid in advance to the landlord when someone is renting property. In Virginia, the amount of the security deposit can be no more than two (2) months rent in most situations involving a residential lease. These rules can be different when dealing with a commercial lease (a business tenant) or for a limited number of exempt landlords.

Why Do I Have to Pay a Security Deposit? The purpose of the security deposit is to make sure the landlord has money available if a tenant decides to damage the rental unit or stop paying rent. It is a safety net for the landlord to protect their investment. Without a security deposit, the landlord could risk losing a lot of money if the tenant damages something valuable and requires a lot of repairs.

What Happens To My Security Deposit? The landlord is supposed to put your security deposit in a bank account for safe keeping. Your landlord is not allowed to use the security deposit for any purpose other than to reimburse themselves or damage to the property during the tenancy or for unpaid rent. The landlord can take out money during the tenancy if there is damage to the property during the rental period. Alternatively, the landlord may be able to use the security deposit to reimburse themselves for unpaid rent or damage to the property at the end of the lease agreement.

Do I Have a Right To Know What My Security Deposit Is Being Used For? Absolutely. Virginia Law provides that a landlord must provide you with a notice within thirty (30) days of deducting the money during the tenancy or forty-five (45) Days after the expiration of the lease.

What Happens If My Landlord Does Not Tell Me What They Are Using My Security Deposit For? You get it all back. The entire security deposit. The landlord can still try to recover the damages through Court, but cannot use the security deposit for it.

What Can I Do If My Neighbor's Dog Barks All The Time?

It can be really annoying to have your relaxing evening interrupted by hysterical barking from your neighbor’s yard. Having a loud dog next door is one of the most common problems people have with their neighbors. Your neighbor is also likely to be touchy about their dog as they consider the dog part of their family. So how do you approach your neighbor to resolve the issue, and what do you do if your neighbor won’t fix the problem?

Virginia allows local towns, cities and counties to make rules about how dogs are supposed to be handled. There are a lot of different restrictions about when dogs are allowed outside, how to handle a loud dog, and other registration and vaccination requirements. Each city or town is different, so you want to make sure that you become familiar with your local rules on dog ownership.

For example, the City of Winchester as a lot of rules about dogs that you can read up on if you live in Winchester. These rules change often, so make sure to check back at that link occasionally for updates. When it comes to loud dogs, Winchester has the following rules:

a) If a dog is loud and frequently or habitually barking or howling and causes a disturbance to the neighborhood, it can be unlawful to keep that dog.

b) Any person annoyed by such loud, frequent, or habitual barking or howling may enter his own complaint by summons returnable to the general district court.

In other words, if your neighbor has an annoying dog you absolutely have the right to pursue a warrant against the dog’s owner and the General District Court has the power to impose various sanctions on the dog owner ranging from a fine to jail time depending on the situation.

Court, however, is the nuclear option. The best way to handle a loud dog is to first talk it out with your neighbor. You might be able to come to an understanding with your neighbor about the situation and come up with an agreement that works for you both. It never hurts to try and talk it out.

Regardless, if your neighbor’s dog is loud and the neighbor won’t fix it, consider talking to an attorney to pursue court action to make it stop so you can get back to enjoying your relaxing weekend.

Neighborly Nuisances: How Do I Handle A Loud Neighbor?

Have you just moved into a new neighborhood and have a noisy neighbor? Maybe someone moved in next to you and is being loud. It’s hard to enjoy your home when your neighbor is causing a ruckus. Whether your neighbor is another resident or a business, you have certain legal rights that might help you reduce the noise.

Noise law can be split up into two different areas; local based laws and state based laws. Virginia law permits a town, city or county to pass local noise ordinances. These noise ordinances set restrictions on a few different activities. The noise ordinances and restrictions vary depending upon time of day, area you live and the type of neighbor you have.

The very first place you want to look when you have a loud neighbor is your local noise ordinances. For example, the City of Winchester’s rules can be found by clicking this link .

The City of Winchester makes it unlawful to:

1) Sound a vehicular horn for longer than two (2) minutes in a single block area;

2) Play music or other recorded sounds that are louder than a certain volume depending on how far you are from the source;

3) Create sound louder than a certain level in residential areas.

There are also time based restrictions that make enforcement more strict after 10:00PM. Any violation of these restrictions can result in a criminal charge at the discretion of law enforcement.

Every town, city or county may have their own rules of how they handle noise pollution. However, the best way to handle noisy neighbors is usually the same. The first thing you want to do is make sure you document the loud noises through a video recording or a security camera. Law enforcement is more likely to take the matter seriously if you can show that this is a common occurrence.

After you have documented the loud noises, then you want to contact your local government agency responsible for noise complaints. You can find out which local agency is responsible for noise complaints by looking at your local government’s website. Follow that agency’s requirements for making noise complaints.

If things do not stop at that point, you may want to consider a nuisance lawsuit. A nuisance lawsuit allows you to file a lawsuit against the loud neighbor. You can seek a court order that prevents your neighbor from making loud noises. If they violate a court order, they could be looking at jail time.

Either way, if your neighbor does not stop being a nuisance after going through the proper channels, your next step will be to hire a lawyer to help you through the nuisance lawsuit process and to make sure you finally stop the loud noises.

What Should I Do If My Neighbor Keeps Blocking My Driveway?

We've all had bad neighbors at some point. Maybe they are loud at night and it's keeping you up. Maybe their car keeps blocking the driveway and you can't get out in the morning. Or maybe they are leaving garbage out and it's starting to smell. It can be hard to deal with a bad neighbor the first time it happens. It's important to know what your legal rights are and what to do if you get a bad neighbor.

Going to court as often the last thing that you want to do. Going to court is the nuclear option and if you are intending to stay somewhere in the long run you may end up with a neighborhood maliciously complies with all your requests and never helps with anything.

Court is a more viable option if it's a short term rental. But if you own the house you need to be careful about making enemies when your neighbor. Try to talk things out and have a conversation before going to court.

However, if talking it out doesn't work then you might have to hire an attorney and go to court. There are many different types of ways to deal with a problem neighbor. The type of lawsuit you need to file will depend upon what the issues are. Some issues require additional leg work before you file a lawsuit.

If you are dealing with a neighbor who is blocking your driveway, there are two major ways to handle it through legal proceedings. 

The first thing you may want to do is to send out a trespass notice. These notices inform your neighbor that they are not welcome on your property. If someone gets a trespassing notice and still leaves their stuff on your property, they could face criminal repercussions.

The second option, depending on the severity of the situation, is to file a lawsuit to get an order from the court to stop them. Violating a court order can have even more consequences. 

Both routes lead to the same place. You can obtain either a no trespass notice or a court order preventing further problems. To make sure you choose the right one, make sure to get an attorney to help you when you are dealing with a bad neighbor. It will end up saving money in the long run.

Virginia Real Estate Law: Evictions in a Pendemic

I have been receiving a lot of calls from landlords and tenants regarding evictions during the coronavirus pandemic. Different and changing opinions from the state government and the federal government have made the answer to this question difficult. As of June 14, 2020, there is a patchwork of rules which means, at least in some places, eviction cases can commence. In some local courts, they cannot. Federal law has also prevented certain types of evictions from going through.

So what are those rules, and what do you need to know about evictions in a pandemic?

Virginia Rules on Evictions in a Pandemic

On June 8, 2020, the Supreme Court of Virginia declared that there was still an on-going judicial emergency. The emergency order stated that all eviction cases were ordered to stop until June 28, 2020. However, some local courts have interpreted that order differently. For example, Fairfax General District Court has permitted the filing of eviction matters during this time period. As a result, the sheriff’s office had to issue a statement that they would not be proceeding with forceful evictions until the June 28th deadline.

Most other localities have decided to wait until June 28, 2020 before they will permit evictions to resume. There is a chance that the Supreme Court of Virginia or the governor extends this time period, but for now evictions are brought to a complete halt, regardless of the type of tenant a landlord has.

Federal Rules on Evictions During a Pandemic

There are several different rules from the federal level. The Department of Housing and Urban Development had initially created a sixty day ban on evictions of tenants in FHA-insured housing on March 18, 2020. 

Effective March 27, 2020, the CARES act created a one hundred and twenty day ban on evictions for tenants of certain “covered dwellings.” Therefore, some landlords are restricted from evicting their tenant until July 27, 2020. As with the state level, the federal government could extend that window depending on how things develop.

In order to be considered a covered dwelling, the landlord or tenant must be receiving certain types of federal aid. If you are a tenant facing an eviction or a landlord considering an eviction, and you are receiving federal aid of some kind, there may be a federal ban on the eviction.

Why You Need a Lawyer

All of these different regulations have made eviction proceedings extremely difficult to file and pursue. There are also penalties for the unwary if they file an eviction improperly during these bans. That is why if you are facing an eviction or are a landlord considering an eviction, you should talk to a lawyer to understand your rights and risks.