Luray, VA asked in Landlord - Tenant for Virginia

Q: Can my landlord evict me for smoking marijuana when he has no proof?

Landlord said he smelt pot last couple days and evicted us. Said he could smell in hallway. It wasn't me smoking and I offered him to come search he wouldn't

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

A: The landlord's rights to evict a tenant are generally found in the lease agreement. Smoking pot or any illegal drug is a basis for an eviction, however, the landlord must file a lawsuit and have a Judge enter an Order of Possession based on breach of the lease for a non-monetary breach.

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: You can only be evicted by a court order. Tell the landlord you aren't moving until there's been a hearing before a judge AND BE AT THAT HEARING and testify that you didn't have the pot.

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