Fairfax Virginia Letter from Tenant to Landlord for Failure of Landlord to return all prepaid and unearned rent and security recoverable by Tenant

State:
Virginia
County:
Fairfax
Control #:
VA-1038LT
Format:
Word; 
Rich Text
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Description

This form covers the subject matter described in the form's title for your State. This form is from a Tenant to Landlord providing Landlord with legal notice of his/her failure to-date to return all of the prepaid but unearned rent. Because Tenant's departure resulted from Landlord's breach of Lease Agreement and/or other wrongful conduct contrary to applicable landlord-tenant law, Tenant is demanding a refund of all prepaid but unearned rent.

Title: Comprehensive Guide: Fairfax Virginia Tenant's Letter to Landlord for Failure to Return Prepaid Rent and Security Deposit Introduction: In Fairfax, Virginia, tenants have specific rights concerning the return of prepaid rent and security deposits upon the termination of a lease. If you face the unfortunate situation where your landlord fails to return all prepaid and unearned rent and security recoverable by the tenant, it is essential to address the issue promptly. This detailed letter will assist you in communicating your concerns professionally and assertively while using relevant keywords. Keywords: Fairfax Virginia, letter, tenant, landlord, failure, prepaid rent, unearned rent, security deposit, recoverable [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] Subject: Request for Return of Prepaid and Unearned Rent and Security Deposit Dear [Landlord's Name], I hope this letter finds you well. I am writing to address a pressing matter regarding the return of my prepaid rent and security deposit upon the termination of my tenancy at [address of rental property] in Fairfax, Virginia. As per the laws and regulations governing tenant-landlord relationships in Fairfax, Virginia, it is explicit that tenants are entitled to the full return of any prepaid rent that was not used during the rental period, as well as any unearned rent and security deposit. Unfortunately, despite the legal obligations, I have not received the refund owed to me. To provide you with a clear breakdown: 1. Prepaid Rent: Under the lease agreement signed on [start date of lease], I paid a sum of [amount of prepaid rent] as prepaid rent to cover the rental period from [start date] to [end date]. However, my tenancy was lawfully terminated on [end date], leaving [number of unused days] days of prepaid rent unused. Thus, I am entitled to the return of [amount of unused prepaid rent, calculated as (daily rent rate x number of unused days)]. 2. Unearned Rent: As stated in the lease agreement, rent payments were made in advance before the start of each rental month. Considering the termination of my lease on [end date], I am owed a prorated amount of rent for the remaining period from [end date] to the end of the rental month. Please provide a refund of [amount of unearned rent]. 3. Security Deposit: I would also like to address the return of my security deposit. At the beginning of our lease, I submitted a security deposit of [amount of security deposit] to allow for any damages beyond normal wear and tear. As I have vacated the rental property, and after a careful inspection, it is evident that there are no significant damages or violations to justify any deductions from my security deposit. Therefore, I kindly request the immediate return of my security deposit in full. According to Virginia law, you are obligated to return all prepaid and unearned rent, as well as the security deposit, within 45 days of the lease termination. Failure to comply with this statutory period may result in legal consequences. I hope to resolve this matter amicably and avoid any further escalation. To facilitate a prompt resolution, I request that you kindly acknowledge receipt of this letter within five business days and provide a written response outlining your intentions for the return of the aforementioned amounts. I anticipate your swift action in resolving this matter and appreciate your attention to these concerns. Thank you for your immediate attention to this matter. I trust that we can reach a prompt resolution, allowing us to conclude our tenancy on positive terms. Please contact me at your earliest convenience to discuss this further. Sincerely, [Your Name]

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FAQ

Tenants cannot be evicted for making a complaint against the landlord or for anything discriminatory. Under the Fair Housing Act, it's illegal for landlords to discriminate against a prospective tenant based on sex, race, color, national origin, religion, familial status, or disability.

Once I move out of the rental, what does the landlord have to do with my deposit? Once you move out, the landlord usually has 45 days to return the deposit, plus any interest if due, unless there are deductions that the landlord is allowed to take from the deposit.

Deductions from Security Deposit Unpaid rent; Unpaid utility bills; Damage to the dwelling unit exceeding normal wear and tear; or. Other damage or charges as provided in the rental agreement.

After 18 days, both the real property and the tenant's personal property may be deemed abandoned.

Your landlord must notify you in writing that he/she intends to terminate the lease. If you are renting month-to-month, you are entitled to a 30-day written notice. Leases running year-to-year require a 60-day written notice. YOUR LANDLORD DOES NOT HAVE TO GIVE YOU ANY REASON FOR TERMINATING THE LEASE.

The landlord must prove the urgency of the matter or else they will have breached the law. If the issue is not urgent, they need to give notice and offer a good reason. Situations where the landlord can give notice for entry and moving property include: To showcase the premise to prospective buyers and renters.

If the landlord willfully fails to comply with this section, the court shall order the return of the security deposit to the tenant, together with actual damages and reasonable attorney fees, unless the tenant owes rent to the landlord, in which case the court shall order an amount equal to the security deposit

Failure to Return the Deposit by the Landlord If you fail to return the amount within the 45 days upon tenant move-out, Virginia law states that you may face a number of charges such as meeting costs of the suit and reasonable attorney fees, as well as paying back the amount withheld.

Your landlord must keep your possessions that were in the property safe for a reasonable time ? normally 21 days. It is illegal to destroy or sell your belongings, within this reasonable period even if you owe rent.

In the state of Virginia, landlords have 45 days from tenant move-out and termination of the lease to return a tenant's security deposit. The landlord must return this deposit, minus allowable deductions, along with an itemized written statement which includes: The amount of security deposit returned.

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Fairfax Virginia Letter from Tenant to Landlord for Failure of Landlord to return all prepaid and unearned rent and security recoverable by Tenant