LEGAL GUIDE
Written by attorney Rixon Charles Rafter III | Aug 30, 2011

Pre Paid Rent--Landlord Responsibilities Under the Virginia Residential Landlord Tenant Act

Sometimes a landlord may request or required rent to be prepaid before a tenant may take possession. In those cases the Virginia Residential Landlord Tenant Act requires the landlord place the prepaid rent in “an escrow account in a federally insured depository in Virginia by the end of the fifth business day following receipt and shall remain in the account until such time as the prepaid rent becomes due.

Unless the landlord has otherwise become entitled to receive any portion of the prepaid rent, it shall not be removed from the escrow account required by this section without the written consent of the tenant.

If your landlord required pre-paid rent, ask him to show you that he has established an account in accordance with the VRLTA. If he has not, or he refuses to, you must reconsider whether it is in your best interests to rent from a landlord who is flouting the law even before you move in.

(See Va.Code § 55-248.7:1)

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