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KMarieW · Jul 31, 2009, 05:18 PM

Is it 5 calendar days or 5 business days?

Can the property manager include other monies owed besides late rent and late fees? I read somewhere this cannot (by Commonwealth of VA law) be done, that it pertains to rent and late fees ONLY. Mine has included 2 final installments of security deposit that are unpaid. (The security deposit was to be paid in 3 installments.)

And, how is it determined... "5 days following the receipt of this notice" or whatever? If it is not given by law enforcement person or sent by certified/return receipt mail... how is it known when it was actually received?

Thank you in advance for any help you can offer!

N0help4u · Jul 31, 2009, 05:27 PM

If you owe security deposit then yes you owe it so he can go after it. If you are behind in both installments he can go for both.
How did you receive the notice? In the mail?
I would go by the date you DID receive it.
He then has to go to court and get another 5 day notice when the 5 days is up.
If you pay him up he can't evict you.

OH and it is 5 calender days

Gem_22205 · Jul 31, 2009, 05:32 PM

There is a bit of reading involved but rather than provide answers which may not fully answer your questions the provided link may better assist you.

Virginia Residential Landlord Tenant Act:

KMarieW · Jul 31, 2009, 05:43 PM

Originally Posted by Gem_22205

There is a bit of reading involved but rather than provide answers which may not fully answer your questions the provided link may better assist you.

Virginia Residential Landlord Tenant Act:

The answers to my questions are not listed there--already checked. :) Thank you, though.

Fr_Chuck · Jul 31, 2009, 05:59 PM

In most cases a deposit would be paid before you started renting. This should be normally considered part of the rental due

KMarieW · Jul 31, 2009, 07:24 PM

Originally Posted by Fr_Chuck

In most cases a deposit would be paid before you started renting. This should be normally considered part of the rental due

I really appreciate the responses I've gotten. I will go with the day I received it: today. I will go with 5 calendar days, because I cannot find anything in VA code that says any different... it's all been "5 days". As far as the security deposit... I still have not found anything that speaks to that. In referencing the 5 day pay or quit, it speaks to rent and late fees; where I read about rent and late fees, it speaks to the 5 day pay or quit... I think it was on a legal site I saw that it can't be anything else; it's only an issue, because times are tough for this single mother of 2 right now. If I can put off the final installments of the sec. deposit, then I want to do so. If I find that site and the verbiage included there, I will post it. Thanks, again.

N0help4u · Jul 31, 2009, 07:32 PM

If you pay your rent and late fees and whatever you can afford toward the security deposit it may get you by for now. But you do have to get it caught up and the landlord may or may not let it slide at this point.
I think what other fees means in what you are asking means he can not make up bogus charges like interest and other fees.
Do you have a HUD office near you?
You can go and file for an emergency one time payment. They will pay your security or else one month rent. If you go asap then you can let him know that you are signed up to receive that and he may be more willing to work with you. But it may take time or you can use it for where ever you move.
BUT they require you to take ONE budgeting class and prove you have the monthly income to keep up on payments.

If he gave you 5 days and then he has to go to court to get a court eviction. The earliest he can have you out of there is the week of August 10th.

N0help4u · Aug 1, 2009, 12:30 PM

I noticed that it is more likely 5 business days rather than 5 calender days.