Mechanicsville, VA asked in Elder Law and Landlord - Tenant for Virginia

Q: Can a senior living facility bill after the security deposit was issued? All utilities were paid with rent.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: I assume we’re talking about a late-received or previously missed utility bill, like a quarterly water bill. Sure, why not? If it is owed under the contract, it is owed. Returning the security deposit merely makes it harder to collect, but local landlord-tenant ordinances often require refund of security deposits in 30 days, and some bills might arrive or be misplaced until later. Unless the issuance of the security deposit was made with an express or implied release, it has no relevance to other bills.

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