Chester, VA asked in Landlord - Tenant for Virginia

Q: My land lord here in VA has sent me a notice Section 55-248.31 stating that I need to pay $600 for my guest that's stay

The guest are a couple friends and family. They never stay ore than a weekend. My mother did visit from NY for a week.

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2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: § 55-248.31 is entitled: Noncompliance with rental agreement; monetary penalty. The link to the Code section is:

http://law.lis.virginia.gov/vacode/title55/chapter13.2/section55-248.31/ Under subparagraph B, there is reference to "payment of damages" but that is for a breach of the lease that is not remedied. The question is "What is the breach of the lease that the landlord is claiming?" If the Landlord is claiming that you breached the lease by having guests, that seems to be a stretch. You should consult an attorney in your jurisdiction to get advice that you may have to rely on if your go to court.

John Andrew Maghamez
John Andrew Maghamez
Answered
  • Richmond, VA
  • Licensed in Virginia

A: I would consult with an attorney regarding this matter. It really depends on what the lease states. If there is nothing in the lease regarding that, it will be governed by virginia statute.

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