Full question:
If I have signed a lease and have not yet taken possession of keys or received a copy of the signed lease by the owners and decide I don't want to live there, am I entitled to my security deposit back and am I legally obligated to fulfill the lease? A realtor told me I am entitled to getting the deposit back. Are they right? The state is Virginia.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Virginia
Answer:
If you have signed a lease, the terms may specify conditions for early termination. If the lease does not allow for early termination, you may still be liable for the remaining lease term unless you can show that the landlord breached the lease by not providing access, such as delivering the keys. This lack of access could be considered a breach of the lease.
In Virginia, landlords must provide a copy of the signed rental agreement within one month of its effective date, but failure to do so does not invalidate the lease. The landlord must also maintain the property in a habitable condition, which is a requirement under the warranty of habitability.
If you choose to terminate the rental agreement due to the landlord's failure to provide access, you may be entitled to a return of your security deposit. Virginia law states that if a rental agreement is terminated due to the landlord's unlawful actions, the landlord must return the security deposit (Va. Code § 55-225.2).
Additionally, the landlord is required to make reasonable efforts to mitigate damages by attempting to relet the premises. If you are unsure about your specific situation, it may be beneficial to consult with a legal professional.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.