Vienna, VA asked in Landlord - Tenant for Virginia

Q: I rented a place where landlord rents each bedroom out. Where kitchen area is a common area for all and no rental doc.

I have given a deposit of one month and one month rent. It’s been 60 days I am leaving here and now he asks us to follow his rules as we are staying in his house and he even forces us how to use the cabinets and he even doesn’t provide access to control the thermostat. It is locked. He controls from his side. And he says that kitchen is privilege as I rented the room. What are my rights in this aspect. And by when he needs to give back my deposit if I leave?

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2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: This sounds like an oral rental agreement, which is allowed in Virginia. The Code of Virginia states that within 30 days after the tenant returns possession to the landlord (return of the keys), an itemization of the deductibles, which are from damages to the premises, from the security deposit must be given in writing to the tenant. Then, within 45 days after the tenant returns possession to the landlord, the net amount of the security deposit must be returned to the tenant. Generally, a written lease provides for this but if you do not have a written lease, then the Code of Virginia applies.

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Midlothian, VA
  • Licensed in Virginia

A: I agree. Just because this is an oral lease doesn't mean you are without options. Virginia law will still apply regarding security deposits.

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