Q: My roommate and I have been late several times through our lease but we due to job changing we always notified landlord
We have paid rent even though late. The landlord knew the reasons and worked with us. We have a 2 year lease. We were just notified by landlord that the owners will be putting it up for sale and want us to go month to month and move with a 60 day notice.
They are requiring us sign an addendum we don't know if we have to agree, it was put to us sign addendum or be evicted based on previously being late.
Is this the law? Can we be eveicted based on previously being late ? Even though they accepted the rent ?
A: In Virginia, a landlord of a residential lease cannot evict a tenant without a court order. When you were late on your previous rent, the landlord may have accepted the rent and thus waived any issue of default. On the other hand, if the landlord accepted the late rent "with reservation of rights," the landlord preserved his/her rights to proceed in court with an Unlawful Detainer that could lead to an eviction. Either way, a tenant cannot be evicted without a court order for possession. If you sign an addendum that modifies the lease, you will be bound by its terms. If you do not sign the addendum, the written lease remains in effect and in full force. The law in Virginia does not require that you sign any addendum during the term of the residential lease. You should also very carefully read your lease to see what it says about the landlord's and/or the owner's rights to ask you to leave the premises when the owner intends to sell the property. If the lease gives the landlord and/or the owner rights to do that, then you are bound by those provisions. If the lease is silent as to that matter, the landlord has no right to require that you leave before the end of the term. You may want to seek the advice of an attorney in your locale.
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