No Lease Agreement: Tenants Want to Use Security Deposit For Last Months Rent?

[Tommy La]

Hi all,

Hope you can help. I am in Northern VA and my parents rent out a townhome- in the past they used a lease, but since it expired, they have never sent the tenants a new lease for renewal. Now, they want to leave, and use the security deposit as the last months rent. I know for a fact that this is not legit, but they are not under a lease. How can I lawfully get them to pay?

Thank you in advance!!!

[Peter Giardini]

Nick... that is funny...

Now on to some usable advise...

Although local laws and regulations will apply, in most cases once the lease is over, unless there is an automatic renewal clause, the lease will revert to a month-to-month rental agreement. And all of the original provisions will still apply.

Where in VA is the property? If it is Tidewater I know the local rules in Norfolk, VA BCH and Portmouth.

Whatever the case, don't let the tenants dictate the process. Take charge assuming the lease is in effect as a month-to-month and hold them to it...

All communications should be via letters sent both certified and 1st class mail.

Best of luck!