Landlord exceeded 2 mo rent for security deposit

[Kendog12]

Landlord forced us to pay more than 2 months rent for security deposit in state of VA. Told us “take it or leave it” if you don’t pay it I’ll rent it to someone else. It was the only home available to rent in the area we wanted so we signed the lease at the time.

He now never fixes anything and just ignores emails unless it a major repair.

Are there any grounds for us to terminate the lease early so we can move because he charged more than 2 months rent for the security deposit?

Are there any grounds for us to sue him for charging us more than 2 months rent?

 

[STEPHAN]

What is the name of your state?

 

[Kendog12]

What is the name of your state?

Virginia

 

[Gail in Georgia]

Landlord didn't "force" you to take this option. While a landlord in Virginia cannot do this from the attached there appears to be no option such as terminating a lease because of this. Can you sue? Sure. It's winning that's going to be difficult. You would do better to focus on a Warranty of Habitability for your state to review how to contact a landlord regarding repairs, the amount of time he/she has to address these repairs and your options should this fail to be addressed. What Are My Rights Concerning My Security Deposit | VaLegalAid.org - A guide to free and low cost civil legal information and services in Virginia

 

[Litigator22]

Landlord forced us to pay more than 2 months rent for security deposit in state of VA. Told us “take it or leave it” if you don’t pay it I’ll rent it to someone else. It was the only home available to rent in the area we wanted so we signed the lease at the time.

He now never fixes anything and just ignores emails unless it a major repair.

Are there any grounds for us to terminate the lease early so we can move because he charged more than 2 months rent for the security deposit?

Are there any grounds for us to sue him for charging us more than 2 months rent?

Please understand that the courts are not going to let you off the hook by nullify the entire lease agreement merely because the landlord required a security deposit in excess of that allowed under Virginia law. *

For purpose of assessing damages and allowing you compensation the matter would be judicially acted upon the same, as if you were overcharged for any goods or service. And that is whatever it takes to restore you to the same economic position you would be in had the incident complained of not have occurred. In other words, refunding the excessive amount paid.

[*] Virginia Residential Landlord and Tenant Act - § 55.1-1204. Terms and conditions of rental agreement; payment of rent; Subsection 6. The landlord may collect a security deposit in an amount that does not exceed a total amount equal to two months of rent;

 

[Taxing Matters]

In other words, refunding the excessive amount paid.

Agreed. And perhaps a bit of interest on the money for the time the landlord held it.