Dublin, VA asked in Landlord - Tenant for Virginia

Q: Can I be kicked out for late fees that are are year old

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

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

A: 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 the underlying written leader's provisions remain in effect. As such, the landlord may have the right to claim late fees and if not paid would be a breach of the contract for which an Unlawful Detainer can be filed. You should get a formal opinion from an attorney in order to protect your interests.

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