My question involves landlord-tenant law in the State of Virginia (common law, not VRLTA).
I am a tenant seeking recovery of my security deposit. My 1-year lease expired on 8/31/13. Landlord withheld 1-month's worth of rent from the security deposit for the month of September, for failing to provide 60-day termination notice, as provided in the lease.
Facts:
I was contacted by the LL's agent via e-mail on 6/7/13 regarding plans for renewal. I responded the same day expressing wishes to convert to a month-to-month tenancy after the expiration of the lease. Weeks went by, and no response was received. As the notification date approached, I read the lease, which provides for month-to-month renewal in the event that termination notification is not received before 60 days prior to expiration. This is exactly what I wanted, so I let the cutoff date pass (7/2/13).
On 7/15/13 (over a month later), I finally receive a response, stating that the LL does not agree to a month-to-month tenancy, and is only interested in a long-term renewal. It also correctly stated that the lease expires on 8/31/13, and asked for a response with my plans to renew or terminate. I responded that I was unable to commit long-term, and therefore chose to terminate (after a few days of scrambling to secure a new place). The LL took this response at the end of July as my 60-day notice, and deducted an extra month's rent (September) from my security deposit.
My feeling is that I had asked to stay the month of September, was denied (unless I agreed to a long term extension), and then was charged for that month anyway. I was out of the place completely by the end of August, per the lease terms. There were also many other issues dealing with the LL's management company (Long & Foster) that I won't go into.
Relevant Lease Clauses:
Renewal: LL shall advise Tenant of any LL instructions concerning renewal of the lease. In absence of this notification, the lease shall be deemed renewable on a month-to-month basis under the same terms until either party notifies the other in writing.
Termination: Unless written notice is received by either party not less than 60 days prior to the expiration date, the lease will be deemed renewed on a month-to-month basis.
I offered to go to mediation, and was refused. I then took the LL to small claims court, and LL's attorney asked for removal to district court. I am now faced with the decision of going in pro se (I have a law degree, and am registered in NY, but not in Virginia), or hiring an attorney.
Questions:
Is my offer of new terms (i.e. month-to-month), made in early June, enough to satisfy the notice requirement?
Did the LL violate the renewal clause by not provided renewal instructions in a timely manner?
Did the LL violate the termination clause by taking the automatic month-to-month option off the table after the notification period had passed?
If my offer of June 7 does not constitute notice, does the LL's counter-offer on July 15th of either long-term renewal or termination on August 31st in any way negate the 60-day requirement?
Thank you for any input.

