Can my landlord ask for another deposit after a year and keep my first deposit?How much can my land lord go up on the rent and how much notice does

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Can my landlord ask for another deposit after a year and keep my first deposit?How much can my land lord go up on the rent and how much notice does

My landlord ask me for anotjer $300. deposit plus is keeping my $250. deposit from last year. Also she is going up on the rent $35.00 and is giving me till tje end of the month to pay.

Asked on May 12, 2009 under Real Estate Law, Virginia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Under Virginia's statutes, as they are available on the internet, it does not look like your landlord can ask for a total security deposit that is more than two month's rent.  The rent cannot be more than the fair market rental (although that can be hard to nail down exactly, sometimes).  Any rent increase can only take place on the first day that rent is due that is at least 30 days after you get notice of the increase.  So, if you got the notice today, and rent is due on the first of the month, the increase takes effect on July 1;  if rent is due on the 15th, it would be June 15. It looks like the same timing also applies to the increase in security deposits.

There might be other limits to what your landlord can do, that your local community might have adopted.

For a full explanation of your rights, which may also depend on other facts besides those in your question, you should talk to a qualified lawyer, and one place you can look for one is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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