Hardy, VA asked in Landlord - Tenant for Virginia

Q: I live in Virginia and my landlord claims he smelt pot coming from my apartment when i wasn’t even home. what can i do ?

I don’t have any pot in the apartment nor have we smoked in here can he evict us? we have also received complaints of our baby crying from our neighbors and we have been threatened to be evicted twice. my landlord claimed in writing that my neighbor said they smelled pot from our apartment but when i confronted them they claim they never said that.

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

A: You should send a letter or an email to your landlord and dispute the claims that you were smoking pot in the premises. If the landlord brings a court action against you, the landlord has the burden of proof by a preponderance of the evidence in order to win his case. You can ask your neighbor to be a witness to testify to the lack of truth of the landlord's claims.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.