I am currently leasing an apartment in Virginia. My lease ends on May 12th and I am moving into a home I am purchasing. I submitted my intent to vacate in accordance with my lease.

I receive a notice on my door about my last months rent payment. On this notice it stated that my last month of rent wouldn't be auto withdrawn using their payment portal and I would have to pay with a check. Last week I checked my back account and their system withdrew a full months rent any way. My wife called them and they stated that it would credit my account the full rent amount. Checking the website revealed that my account wasn't credited a full months rent so I proceeded to call them.

I was told that they were holding my extra payment until we move out and they would add it in with my security deposit return and if any repairs would need to be made, they would deduct if from my extra rent. I might need the money to help with closing costs and this could be a very large problem.

My question is are they legally allowed to hold onto my ill-gotten payment and the fact that their written notice instructed me not to disable autopay seems kind of fishy. I didn't see anything in the virginia landlord - Tennant handbook or my lease about returning rent overpayment.

Thank you!