THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, August 17, 1996 TAG: 9608160440
SECTION: REAL ESTATE WEEKLY PAGE: 09 EDITION: FINAL
COLUMN: Landlords & Tenants
SOURCE: Greg McCracken
LENGTH: 87 lines
Once again, I will take this opportunity to address several of the questions that have been recently submitted to me. Pet fee should be returned
My upstairs neighbor is very noisy. I hear loud thumps from walking or jumping, heavy objects being dropped, furniture being dragged, and something ``galloping'' across the floor.
I have tapped on the ceiling, written a note, and contacted my landlord. Nothing has stopped the noise. Aside from the courts or moving out, is there anything I can do about the situation?
I would try a person-to-person meeting with your upstairs neighbor. I know you slipped a note under the door but that is impersonal and easy to ignore. A face-to-face conversation will force them to address your concerns and give a feel for their position.
It doesn't guarantee they will stop but, if they tell you to stop being so sensitive or to buy a set of ear plugs, at least you will know you did everything you could to avoid the courts or moving out. Pet fee should be returned
My husband and I signed a six-month lease that permitted us to keep a cat in the apartment, and gave our landlord a $100 cat deposit.
Before we moved in we had to have the cat put to sleep and now our landlord will not refund the pet deposit and continues to demand the additional $15 per month pet fee. Can we get back our pet deposit and do we have to keep paying the $15 per month?
Shame on your landlord. Although technically they are correct in enforcing the terms of the lease, it boggles the mind that they would continue to hold you responsible for a portion of the contract which no longer applies. Traditionally pet deposits are used to clean carpets after the pets are gone.
Since you don't have a pet and it never lived in the apartment the carpet wouldn't need cleaning when you leave. Therefore, there is really no practical reason to hang on to the pet deposit.
Despite all this common sense, any legal argument you have to abate that portion of the contract would probably be more expensive to undertake than paying the $15 a month letting the landlord keep the $100.
Model apartment vs. actual one
We rented an apartment after viewing a model. Much to our chagrin, when we moved in the actual apartment we had rented it was in substantially worse condition than the model.
For example, our lease specifies no stains or nail holes will be permitted in the wallpaper and yet the wallpaper in our kitchen is badly stained and has more than 10 holes. We have complained to the management and are not happy with their response. It there anything we can do?
Yes, never ever sign a lease for a premises which you have not inspected. So long as you know the ``model'' you were looking at was not the apartment you were renting, the landlord didn't mislead you.
Having said that, you can hold the landlord to the provisions of the lease and have them fix the wallpaper and holes in the kitchen. However this is another issue which comes down to economics, meaning if push came to shove the expense of enforcing the no holes provisions of the lease (with the understanding that is not a material non-compliance with the lease as it doesn't go directly to the habitability of the property) would be more than fixing it yourself. If it's a short term lease, you many want to credit this to experience and make sure you inspect any future apartment you lease. Return of security deposit
How long does the landlord have to return a security deposit?
The landlord must notify the tenant within 30 days, in writing, of any damage that needed to be repaired.
If he doesn't do this, the landlord forfeits the right to use the security deposit to correct a deficiency.
Once a tenant has been provided with the itemized list of damages and invoices for the actual cost of their repair, the landlord may subtract these sums from the actual security deposit and return any remaining balance to the tenant. All this must be done within 30 days. Security may be used for rent
Can a security deposit be used for the last month's rent?
This is authorized by the Virginia Residential Landlord Tenant Act.
If your property is not covered by the VRLTA, this would depend upon the terms of your lease. MEMO: Greg McCracken is a Virginia Beach lawyer. Send questions to him
at 4705 Columbus St., Virginia Beach, Va. 23462-6749. The fax number is
552-6016; e-mail, hpmv(AT)livnet.com by CNB