Arlington, VA asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia

Q: Month-to-month since 2013 w/higher monthly rate. Just told of new offer, $600 more/mo or sign year lease. Can LL do this

2010 had lease for yr, renewed one more (higher rate); Spring 2013 end of lease, then month-to-month ever since. Recently, I kept inquiring if ofc (apt bldg/property) would enforce parking/towing since garage I pay $110/month for often has violators. Also recently had dishwasher problems, maintenance came two separate times to "fix" it, but it didn't improve, so asked for replacement, which they did. Feel like it's retaliation, though it shouldn't be. Why out of the blue now, after 5 yrs are they wanting to lock me in a lease (offer is for yr at current "higher" rate I've had since 2013) or if not signed by 2 Jan 2019, rate for m-t-m increases $600/month! And they are increasing parking fee. I know from living here so long they pick and choose what rates they charge tenants for parking, etc. I've never been late paying (except ONCE, with automatic 10% fee charged). I'm clean, responsible, quiet, etc. tenant in 10 story mid rise. In lease, notice is 60 days; m-t-m is 30 days

2 Lawyer Answers

A: Under the laws of Virginia, the Landlord has the right to increase your rent on a month-to-month tenancy on a 30 day written notice. Your right is to move out and not pay the increased rent. If you remain in the premises, you are obligated to pay the increased rent.

A: It is difficult for me to understand your description the way you have written it. At bottom line, to know your rights as a tenant in Virginia, you need to start with the lease and then apply the local landlord-tenant law. I can't see your lease and don't know your county or city of residence. Basically, you need a consult and a lease review if you want to know your rights. But, as a general information matter, Virginia law enforces leases as written and signed by the parties. The fact that you are clean, responsible, and quiet has nothing to do with your contractual rights unless the lease requires that you be dirty, irresponsible, and noisy. OTOH, if you are in Arlington, that county has some strict landlord-tenant enforcement that is a bit more tenant oriented. But, again, I have no ability to advise you without a consult and a lease review. There are many fine rental premises in Arlington. Maybe it is time for a change after five years?

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