Newport News, VA asked in Landlord - Tenant for Virginia

Q: Our landlord told me I had to move because we are late with this month rent, he also haven't given us our lease yet

We just moved in in oct we were homeless for 8 months, we are only late this month and really just 2 days late and he is telling us to get out, i text him and explained our situation and told him money will be here on the 14th of dec, he said get out i am frightened and scared i am disable and have custody of 4 year old grandson can he make us leave

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: Under the laws of Virginia, late payment of rent is a breach of the lease. The landlord can take certain steps to regain possession of the premises, but the Virginia Code requires that the landlord proceed to general district court and seek an order for possession of the premises before he can evict you. A landlord cannot force you to leave unless he has an order from the court.

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