I live in Virginia and sent a letter indicating acceptance of rent with reservation to my tenant for whom I have received judgment and possession, but neglected to include the phrase about NOT waiving my right to evict.
The applicable paragraph to have in the letter is as follows:
This letter is written to notify you that your rent has been ACCEPTED WITH RESERVATION of all of Landlord’s rights and WITHOUT PREJUDICE to any right the Landlord has to proceed against you in court. This means that the...Read more »
The revised FORM DC-469, (revised 10/19), now has a box to check or NOT check, that says, "This writ of eviction is requested pursuant to the VRLTA. The landlord has provided the required notice set forth in Virginia Code 55.1-1250". On the unlawful detainer, I have always indicated that a tenancy... Read more »
If you served the tenants with a 5 day notice, in proper form and according the the Virginia Code, to pay or quit on 11/27/19, your next step is to file an Unlawful Detainer with the court in the city/county where the premises is located and have the Sheriff's Office serve the Tenants with the...Read more »
Generally in Virginia under contract law, if there is a written residential lease, the buyer will purchase the property subject to the existing lease and subject to the tenant's right under the existing lease. In that case, there can not be a matter regarding the tenant vacating the property.
I been paying my rent half every two weeks for the last two years and it has never been an issue now the land lord is trying to sue me for the 2 year worth of late fees all together at once can they do that it over 2000 dollars my rent is only 500 is this allowed ?
The rights of the landlord to bring a lawsuit for late fees depends on how the lawsuit is framed and what the lease states about the date the rent is due. You probably have a good defense of "payment" of the rent to the landlord's claims.
Will occur within 72 hrs of termination of vacancy. My landlord wants to schedule this 9 days later as she is out of town even though I notified her 1 1/2 months ago. What are my options? Can she keep my security deposit or portions of it? The house is immaculate but she’ll find something... Read more »
In Virginia, there is a legal doctrine called mutual mistake of fact. It seems that the typo mistake was not recognized by either party to the lease. The court, if it came to a lawsuit, would most likely reform the lease to show 2017 to 2018.
I've been living in the same place for 4 years and never had to pay the late fees due to the landlord and I had a verbal agreement that long as we payed she would not charge a late fee and we have not signed a contract since 2016
Based on contract law in Virginia, there is a statute of limitations for 3 years on an oral contract and 5 years on a written contract. It sounds like you had a written lease contract that was not renewed in a new written lease so the tenancy became a month to month tenancy by operation of law but...Read more »
In consideration of a lease with a 6 month term, at the end of the 6 months, the lease becomes a month-to-month lease by operation of law unless it is renewed in a new written document. During the term of the 6 months, it is a binding contract for which the rent cannot be increased unilaterally but...Read more »
If the tenant returned the keys to the landlord, that is viewed by the law in Virginia as the return of possession of the premises to the landlord and the landlord will then be authorized to enter the premises. Failure of the tenant to pay rent is not a valid basis for the landlord to enter the...Read more »
"Landlord and Agent are not liable for matters outside the dominion or control of Landlord or Agent so long as there is no gross negligence on their parts, including but not limited to: failure of utilities or services; acts of God; and any injuries or damages to persons or property either caused... Read more »
The Virginia Code does not require the lease to be signed by the tenant. The code only requires the landlord deliver the lease to the tenant and the premises are delivered to the tenant and the tenant takes possession of the premises.
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