Virginia Beach, VA asked in Landlord - Tenant for Virginia

Q: Landlord illegally entered apartment, but we have almost no proof

Yesterday our landlord tried to charge us for a second cat, stating that the maintenance team was in our apartment on Wednesday and saw a cat that was “less skittish” and they swore was a different cat. We were very adamant that we only have the one cat and that we’ve lived here for almost 2 years, so yeah, he’s less skittish. Without them actually seeing 2 cats it’s completely inappropriate and unprofessional to try and charge us for 2 cats. Today, I got home from work and noticed that a curtain that is nearly impossible to get to (it’s behind a very large rack) that has been closed for the almost 2 years we’ve lived here and has never been touched/opened, is halfway open. It is completely obvious that our landlord/maintenance team stalked us to make sure we were gone, cam came Into our apartment without prior notification, and searched our apartment for a second cat.

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

A: You may want to consider filing a lawsuit against the Landlord for "abuse of access." THis Virginai Code section would be applicable.

§ 55.1-1210. Landlord and tenant remedies for abuse of access.

If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages and reasonable attorney fees. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that is otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages and reasonable attorney fees.

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