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  1. #1
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    Jun 2008
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    Default Non-Refundable Move In Fees In Lease Virginia

    My question involves a move in fee in the State of Virginia. I live in Arlington, Virginia. I live in a high rise apartment. They state in the lease that they charge a non-refundable move in fee of $300. They also state in the lease that the fee cannot be used for any unpaid rent, or damage to the apartment upon moving out. In other words it is not like a security deposit. I have moved out, and they told me that because it is in the lease and I signed the lease that under no circumstances will it be refunded. They also told me that the carpet had a coffee stain on it, and that they could not get it out, and that I would be charged separately for that, and it would not be deducted from the move in fee. Is the non-refundable move in fee legal even though I signed the lease, and would the coffee stain be considered normal wear and tear? Does anyone know of any statues, or cases in Virginia that pertain to my questions?

    Thank you

  2. #2
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    Default Re: Non-Refundable Move In Fees In Lease Virginia

    I've spent quite a bit of time trying to ferret out an answer, and I'm not finding anything one way or another about move in fees in the VRLTA Handbook or any other source.

    I would recommend that you contact the Office of Consumer Affairs about the move in fee and its disposition.

  3. #3
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    Default Re: Non-Refundable Move In Fees In Lease Virginia

    Dear LawResearcherMissy,

    Thank you very much for your expeditious response. Apparently, there are no cases or statutes addressing non-refundable move in fees in Virginia. I read the VRLTA handbook, and the only thing that addresses damages to the apartment is a statute that addresses security deposits. That statute states that damages to the apartment or pet damages can be deducted from the security deposit. If there is no statue or case that address "non-refundable move in fees" then would it not also follow that the non-refundable move in clause in the lease is invalid as a matter of law? In other words, any damage to the apartment would have to be deducted from the $300 non-refundable move in fee, and the balance if any refunded to the tenant?

    Thank you

  4. #4

    Default Re: Non-Refundable Move In Fees In Lease Virginia

    If I remember correctly, VA is peculiar in that there are two separate set of landlord-tenant laws and I am not sure which applies when.

    To put it succinctly, a fee is a charge for some service, though a "move-in" fee seems quite dubious. Fees can be refundable, but the nature of a fee is quite different from a security deposit. It appears that the landlord has made some effort to make you understand that the "move-in" fee is not a security deposit. I would suggest that you should have asked before you signed the lease if you had any questions. Otherwise, since you agreed to pay the fee, unless you find a law prohibiting it, it appears that the "move-in" fee is not and can not be used as a security deposit.

    Lastly, I am confused. Did you pay the fee up front, or are you being asked to pay it now? When does the lease say that this fee should be paid? If the lease required that the fee be paid up front or upon move-in, then the landlord may have "waived" this fee by his/her actions.

  5. #5
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    Default Pro-Rate or Depreciate Carpet Repair

    My question involves landlord-tenant law in the State of: Virginia. I lived in a high rise apartment complex in Arlington, Virginia. I have moved out, and the landlord did not require a security deposit. He claimed that there was coffee stain on the carpet, that he could not get it out, and that he replaced the carpet. I lived in the apartment for 2 years. I stated that I was willing to pay for the pro-rated cost of the carpet, or the depreciated value of the carpet. He stated no that he would require me to pay the full cost of the carpet replacement. Is there a law, statute or case that states that I am only required to pay for the pro-rated cost of the carpet? For example, if the high-rise complex normally changes the carpet after 5 years, and I lived in the apartment for 2 years, it would seem to me that I would only have to pay for three fifths the cost of the carpet. I would appreciate it if someone could point me to a statute, case or law that states this or am I wrong?

  6. #6
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    Default Re: Non-Refundable Move In Fees In Lease Virginia

    Quote Quoting John14
    View Post
    Is the non-refundable move in fee legal even though I signed the lease...
    It sounds like there's a reasonable case to be made that the "move-in fee" was an "application fee". But I suggest running the issue past a Virginia lawyer who practices landlord-tenant law.
    Quote Quoting Virginia Code, Sec. 55-248.4. Definitions.
    "Application fee" means any deposit of money, however denominated, including all money intended to be used as a security deposit under a rental agreement, or property, which is paid by a tenant to a landlord, lessor, or agent of a landlord for the purpose of being considered as a tenant for a dwelling unit.
    Quote Quoting Virginia Code, Sec. 55-248.6:1. Application fees.
    Any landlord may require an application fee. If the applicant fails to rent the unit applied for and the application fee exceeds $32, the landlord shall refund to the applicant within 20 days after the applicant's failure to rent the unit or the landlord's rejection of the application all sums in excess of the landlord's actual expenses and damages together with an itemized list of said expenses and damages. If, however, the application fee or deposit was made by cash, certified check, cashier's check, or postal money order, such refund shall be made within 10 days of the applicant's failure to rent the unit if the failure to rent is due to the landlord's rejection of the application. If the landlord fails to comply with this section, the applicant may recover as damages suffered by him that portion of the fee wrongfully withheld and reasonable attorney's fees.
    Quote Quoting John14
    View Post
    Is there a law, statute or case that states that I am only required to pay for the pro-rated cost of the carpet?
    There probably is case law - but it's a basic rule of the law of damages, so I doubt that a small claims judge would question it.
    Quote Quoting Jaco v Nielsen, 67 Va. Cir. 19 (2005)
    The Virginia law on damage to personal property is stated succinctly in Model Jury Instruction No. 9.070, as follows:
    Where personal property is partially damaged, the measure of damages is the difference in value immediately before and immediately after the accident plus the necessary and reasonable expenses shown by the evidence to have been incurred by the plaintiff as a result of the damage. If, however, the cost of repairing the damaged property is less than the difference in value immediately before and immediately after the damage, then the measure of damages is the reasonable cost of repair with a reasonable allowance for depreciation.

  7. #7
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    Default Re: Non-Refundable Move In Fees In Lease Virginia

    Aaron,

    Thank you very much for the cite to Jaco v Nielsen, 67 Va. Cir. 19 (2005). That is just what I need. In regard to the non-refundabel move in fee. They charge a separate $35 application fee. No landlord tenant lawyers in Arlington, Virginia will take a tenants case. I called 10. All stated that they were retained by the real estate companies. I also checked Google, and I noticed that these real estate companied contribute thousands of dollars a year to political candidates. Now if I just had a case regarding the non-refundable application fee which I think is a way for the real estate companies to avoid the security deposit, I would challenge it in small claims court.

  8. #8
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    Jun 2008
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    5

    Default Re: Non-Refundable Move In Fees In Lease Virginia

    Also, many of these companies are national real estate companies like Archstone, and Clark Residential.

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