Our leasing manager is telling us we don't have access to use the attic because it belongs to the home owners association. However that information was not provided in the lease we signed. We have a rat situation in the attic and they have yet to resolve that. We also have been told one of the... Read more »
answered on Mar 20, 2023
Tenants have several options in cases like this, when safety and health are threatened due to uninhabitable living conditions. (1) A Tenant's assertion (2) a Repair and Deduct (3) a 21/30 day notice to landlord, demanding that Landlord repairs in 21 days or lease will end on day 30.... Read more »
Or is there a way I can fight a judgment or eviction after the court date, judgment, and etc?
answered on Mar 20, 2023
Under some circumstances, a defendant may be able to successfully motion the Court to re-open a case. For example, if a Court issued a default judgement, and the defendant was unable to attend through no fault of his/her own. Also, keep in mind that every matter in a Virginia General District... Read more »
Landlord said that i need to provide 60 days' notice or else the lease will automatically renew on a month-month basis. Now I am stuck paying double rent. when I gave the notice i added my vacate date as 04/01 but they never responded on that and when i asked about my dates they said its 04/20
answered on Mar 8, 2023
Read your lease. Some leases have an extended notice period such as 60 days (which your landlord is telling you). Your lease controls if it was written correctly. In leases I've drafted the following paragraph was included:
YOU and WE may terminate this lease by giving... Read more »
The landlord started renovating the apartment instead of looking for a new tenant.
answered on Jan 29, 2023
You may be entitled to a refund for the period after the landlord began renovations of the rental unit. There is a difference between 'renovations' (serious work such as upgrade kitchen, bath, etc) and 'turnover' (new paint, possibly replace old carpet, etc). Also consider the... Read more »
answered on Dec 29, 2022
Unfortunately, what someone can do, should do, and actually does aren't always the same. Assuming you paid a security deposit and the VRLTA applies, I'm not sure why the landlord wouldn't want a move out inspection. You have a right to be present during the move out inspection.... Read more »
Allowed children to spill paint over 1/2 room of carpet. Wouldn’t come out & whole room replaced because couldn’t match. One of many negligent damages. Broke lining frig, 2 bins & chunk out of gasket/ door seal. 30-60 nail hole each child’s room, doors & gate hardware broken,... Read more »
answered on Dec 10, 2022
It really depends on whether the items can be repairs and the condition of the items before the tenancy. If they can't be repaired and only replaced, then replacement is fine. If they were in excellent condition before and repair is not possible, then replacement could be justified. It's... Read more »
I have the SCRA clause in my lease.
answered on Oct 26, 2022
The SCRA limits anyone from taking a judgment against a service member when he or she is called to active duty. Unless you share the lease for review -- which you should not do in an open on-line forum -- I have no idea what your SCRA clause says, but I would take a wild guess that it has nothing... Read more »
VA Code § 55.1-1236 (2021)
answered on Oct 14, 2022
It would be incompetent to answer this without a factual inquiry and interview, and the Internet in an open forum is not the correct place to get that. Seek counsel licensed on the applicable jurisdiction, and secure a consult.
Lease expired in May now it is month to month but no new lease since May the problem occurred because rent is owed for September and for October. The 5 day notice says that after 5 days he can take possession of house and anything in it.
answered on Oct 7, 2022
When you fail to pay rent the landlord serves you with a written 5 day pay or quit notice in the first step towards an eviction. If rent is not paid within 5 days, the landlord then must file a summons for unlawful detainer in the court in which the property resides. Virginia does not permit... Read more »
55.1-1204 Section C says Mr Sternberg is incorrect in his answer. He also says perjury and discrimination against protected classes is "irrelevant". I need someone who cares about those things and the law to answer.
Some points (this box isn't enough for all... Read more »
answered on Oct 4, 2022
Most of the facts in your question are irrelevant. A contract for land must be in writing or it is void. Depending on where you are, a writing can sometimes be lots of things short of a Purchase and Sale Agreement on the local Board of Realtors form. I think there is one DC case in which a check... Read more »
I have a cousin I let stay in an apartment of mine for the past 2 years, I do not collect rent from her, nor has she signed a lease. Two months ago, she wanted me to sign a paper for her saying that she paid $650 a month in rent. I told her no that it was illegal for me to do so. At that time I... Read more »
answered on Oct 3, 2022
No, unfortunately not. You still have to go through the eviction process by filing with the court and having the court enter a judgment for possession in your favor. If you decide to hire an attorney to assist, I'm sure anyone who responds would be happy to help. Good luck.
We just signed a lease for an apartment in Virginia. After moving in, my wife complained of a chemical smell covering a cigarette smoke smell. The leasing office claimed the prior tenant did not smoke, and maintenance claimed it was to cover up curry. My wife just found a pile of cigarettes in a... Read more »
answered on Sep 24, 2022
It's possible you could make a misrepresentation or fraudulent inducement argument, but if this goes to court you're going to need to be able to convince a judge that 1) the landlord told you it hasn't been smoked in; and 2) that it was smoke and not curry. If you decide to hire a... Read more »
In Arlington VA , I need to evict previouse owner from a foreclosed home. Is this a 3 or 5 days notice? advice ?
I need REASONABLE professional assistance.
answered on Sep 8, 2022
A former owner of real estate that was sold at a foreclosure auction becomes a tenant at sufferance after delivery of a deed from the substitute trustee. A tenant at sufferance is one who enters into possession of real property lawfully, but remains in possession unlawfully. After title to the... Read more »
The lease says the resident shall pay for causing damage. Unethically, the landlord is passing on normal ware and tare expenses to their tenant. Without any contractual basis or notice the landlord added a $50 fee to the rent for repairing the refrigerator. Also, they did not provide an invoice for... Read more »
answered on Aug 1, 2022
It depends on how the lease agreement is worded. Usually residential leases are for a specific period of time (a year is standard) with the rent remaining the same for that year. The landlord can not change the rent midlease unless the lease allows for it to be unilaterally changed during the term... Read more »
My vehicle was stolen from the garage in my high rise building. The security gate that allows entry into the garage has been broken for weeks. This allowed the thieves easy and clear entry. Is the property management company negligent and liable for damages?
answered on Jul 26, 2022
A Virginia attorney could advise best, but your question remains open for a week. It could depend on a number of factors - other thefts in area, construction of gate, nature of breakage, terms of parking arrangements, etc. An investigation would need to address these and other possible issues. Good... Read more »
Submitted a physical lease prior to the expiration of my previous lease and was later informed that the property manager "did not accept paper leases" so I was charged several hundred more for the next month's rent because I had been transferred to a month-to-month... Read more »
answered on Jul 15, 2022
That sounds like nonsense.
You may want a lawyer to help you. I would suggest a 'tenant assertion' to have the court declare that a lease exists and you are due refund/credit/lower rent payments on the lease. You would file the assertion in the General District Court for the... Read more »
Recently my ex landlord hit me with a warrant in debt for back rent. They are claiming i haven't paid rent in 2 years which is ridiculous since my lease was year to year. The only time that i did not pay rent was for a six month period when my heat went out and other things that needed major... Read more »
answered on Jul 7, 2022
First of all: make sure (absolutely sure) you show up at the first return and ask to contest everything and do NOT admit to owing anything. Then I would think about talking to a lawyer because it would appear that you do have defenses--and this assumes the lease is in Virginia:
1. You... Read more »
Does not pay rent and is not in a lease agreement. Property damage has occurred by this person. If a notice needs to be given how long? Also do I need to go through the court system as in an eviction?
answered on May 31, 2022
If you're going to evict based on non-payment or property damage, then you do need to give notice and evict through the court process. If you're evicting based on a person who has no tenancy rights then arguably no notice is required, but even then, the safest thing to do is give notice.... Read more »
answered on Apr 23, 2022
You'd just file a complaint for breach of contract in Virginia Circuit Court for the unpaid rent and any other damages (like property damage) and then serve the former tenants with the complaint. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.
After proper notification of termination of Virginia Association of Realtors Property Management Agreement, can prior property manager continue to collect management fees after new lease agreement is made with tenant by new property manager.
answered on Apr 5, 2022
It depends on what the contracts you signed said. Either read them yourself or retain counsel to help you understand them. It's not a bad idea to read them before you sign them, too.
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