How Do I Get My Security Deposit Back?
What happens to the security deposit at the end of a lease agreement?
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.
Virginia Landlord Disputes: What Happens at Court?
Find out more about what happens in the court room during eviction proceedings.
If you have given the appropriate notice to your tenant and have filed the appropriate paperwork with the court, the next step in the eviction process involves a series of court dates. It is important to know what is required of you at these court dates in Virginia. In Virginia, there are three major types of court dates; a) the first return, b) hearings on motions and c) the trial date.
So what are these three different types of court dates?
The First Return Date
The first date you are given by the court is known as the first return date. This date is to make sure that you have filed all the appropriate paperwork to begin the case. This court date is also the time in which the court will determine whether or not your tenant has received service of process of the paperwork you have filed. Before the court can do anything, your tenant is entitled to receive a copy of the paperwork.
If your tenant has received paperwork but fails to show, you may be entitled to a “default judgment.” This means that, because they did not show up, you will not have to go through the trial process. However, if your tenant does show up, they have the right to contest the charges.
Many judges in Virginia will require the tenant to answer whether they owe any rent or not. If rent is owed, you may be entitled to a “writ of possession,” which grants you your property back. However, that is not the end of your case. Even if you are given possession, you must have a trial to determine how much money you are entitled to.
If you own an LLC or a trust, you do not need an attorney at this first return date. You do, however, need an attorney for any subsequent hearings such as a trial.
Motion Day
If the tenant hires an attorney, their attorney may file any number of different documents against your eviction proceedings. Their attorney may even file a counterclaim, or a claim for money against you. If the other side hires an attorney and files any paperwork, it is imperative that you immediately seek out an attorney. Failure to do so may result in you owing money to the tenant!
Trial Day
Eventually, if the matter is not settled, you will be given a trial date. On the trial date, you are required to prove to the court the specific grounds for which the eviction is sought (if not for failure to pay rent) and the amount of damage the tenant has done to the property.
Judges are looking for documentation to prove how much money you will need to spend to get your property back in working order and how much rent is owed. Therefore, you will need to bring with you to the trial date documents including, but not limited to, quotes for repairs, accountings of late charges and rent and photographs of the damages.
Why You Need a Lawyer
Navigating these different stages of the court process can be very confusing. If the other side hires a lawyer, their lawyer can do any number of things to make you lose your case. For example, failure to follow certain rules or to file certain documents automatically makes you lose. As stated before, if you own an LLC or a Trust you may be required to have an attorney no matter what. Therefore, you should seek out an attorney before even sending the initial notice to your tenant.
Virginia Real Estate: Types of Land Ownership
Find out more about the various types of real estate ownership in Virginia.
If you are a landowner or are thinking about purchasing land, there are several things you need to know before you begin your investment. Land comes in several different shapes, sizes, and types of ownership. These types of ownership can have significant impacts on several other aspects of your life including estate planning, liability for injuries on the property and much more. Ownership can be defined by several factors including how long you can stay on the land, what you are allowed to do on the land, and what other people who invested with you can do with the land.
So what are the major types of land ownership?
Fee Simple
This category of land ownership refers to a complete grant of title to the property. If you own land in fee simple, you own the land outright. The types of limitations that can be placed on a fee simple ownership are limited. A common example of a fee simple ownership is if your grandmother were to deed you complete ownership of the family farm. Common limitations on ownership may include that you are required to continue operating the land as a family farm. In the event that you fail to continue to operate the land as a family farm, you may potentially forfeit your rights to the property under some situations.
The law further splits up fee simple ownership into several subcategories, but those subcategories are best discussed with your real estate lawyer.
Life Estate
The next category of land ownership is a life estate. A life estate is a grant of ownership in land for a limited period of time. This period of time is commonly measured by the land owner’s life span. A common example of a life estate is if your grandmother were to deed you the family farm for your entire life time, the family farm to pass on to a grandchild at the time you are deceased.
Leasehold Interest
The next major category of land ownership is a leasehold estate. The most common example of a leasehold estate is a leasing agreement with a landlord. Upon signing a leasing agreement, you have an interest in staying in the land pursuant to the terms of the lease. Another example that is common in the rural United States is a leasehold farming interest. Many farmers in the rural United States lease farming land from the federal government. Some private industries also do this type of leasehold estate. For example, a cocoa farm may lease a house and the land to a tenant for farming purposes.
Condominiums
The last major category of land ownership is a condominium. A condominium is a larger property that has been split into several pieces. These pieces are then sold to individuals. These individuals are then allowed access to common areas, but must pay for upkeep of those common areas. This type of ownership structure is common in major metropolitan areas.
Why You Need a Lawyer
If you are considering purchasing land or selling land, it is important to know what your options are for categories of land ownership. You can bargain certain types of land ownership to increase or decrease the costs of ownership. Knowing your specific needs and outlining those needs can help you acquire the type of land ownership best for you. The categories above are not an exhaustive list of types of ownership.