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Virginia Landlord - Tenant Questions & Answers
0 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Virginia on
Q: Property seller violates multiple laws, purchaser has hard evidence, judge ignores. What happened?

Some points (this box isn't enough for all details):

- All owner finance payments were current

- Seller tried to forcefully move in with Buyer when their gf kicked them out for drinking. Used intimidation tactics to force Buyer to comply. Buyer stated they would only agree if... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What makes a tenant at sufferance in Virginia?

I have a cousin I let stay in an apartment of mine for the past 2 years, I do not collect rent from her, nor has she signed a lease. Two months ago, she wanted me to sign a paper for her saying that she paid $650 a month in rent. I told her no that it was illegal for me to do so. At that time I... Read more »

Steven Krieger
Steven Krieger
answered on Oct 3, 2022

No, unfortunately not. You still have to go through the eviction process by filing with the court and having the court enter a judgment for possession in your favor. If you decide to hire an attorney to assist, I'm sure anyone who responds would be happy to help. Good luck.

0 Answers | Asked in Civil Rights, Communications Law, Constitutional Law and Landlord - Tenant for Virginia on
Q: Is it legal for a landlord to send your rent statement on a postcard so that your itemized bill is out in the open?

I received this months rent statement on a postcard. In the past they have been taped to my front door. This statement lists the breakdown for each thing (late fee, rent, lot rent, water, sewer, trash). It hit me wrong that the postal service not only can see that but the potential for anyone to... Read more »

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: Started eviction on daughters boyfriend 10 days in to the 30 he moved out but comes back everyday ? Below

Do I have to wait the full 30 days to not allow him back at my property? What are my options and once the 30 day notice is up is he then allowed to come to my house ever? Can I not let him on my property now that he has moved out even though the 30 days has not expired only 10? Once the 30 days... Read more »

0 Answers | Asked in Civil Litigation and Landlord - Tenant for Virginia on
Q: Served a 30 day notice to daughters boyfriend 10 days later he moved in with his aunt. He comes back everyday

The 30 days since the notice has not passed but he moved out after 10 days..Is he allowed to return daily?

What about after the 30 days, can he still come in my house?

How do I keep him out of my house?

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: I have no written lease agreement and the only verbal agreement I have is that I can stay in my deceased grandmother’s

house indefinitely (my parents own property). My partner just received tenancy at sufferance eviction notice after 5 years of living with me. She never had a verbal or signed lease, only an agreement with me to move in with me. Can they evict her although she had no agreement with them, only me?... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I get out of a lease if the leasing office lied about smoke history?

We just signed a lease for an apartment in Virginia. After moving in, my wife complained of a chemical smell covering a cigarette smoke smell. The leasing office claimed the prior tenant did not smoke, and maintenance claimed it was to cover up curry. My wife just found a pile of cigarettes in a... Read more »

Steven Krieger
Steven Krieger
answered on Sep 24, 2022

It's possible you could make a misrepresentation or fraudulent inducement argument, but if this goes to court you're going to need to be able to convince a judge that 1) the landlord told you it hasn't been smoked in; and 2) that it was smoke and not curry. If you decide to hire a... Read more »

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: my landlord wants to relocate me while mold repairs are done in my house but no agreements were made nor advance notice

This request has been placed for almost a year inregards to the water damage we found after moving in. Today we recieved a noticed that we need to move our family out by tomorrow for 11 days and stay at a hotel and we will not be allowedd access to our home until repairs are done. Additional if... Read more »

0 Answers | Asked in Child Support, Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: How to get my EMD from a represened buyer in Alexandria VA? I do not have buyer's current home address?

I had a sale contract on my small condo in Alex, VA. Buyer is represented by Redfin agent. They did not show up to settellment. They also asked for release of EMD and do did I. No one gives in. EMD is held by a title company chosen by Redfin agent. I can not find the current address for the... Read more »

0 Answers | Asked in Estate Planning, Tax Law, Real Estate Law and Landlord - Tenant for Virginia on
Q: In VA, can a hotel kick you out for "renovations" when you have lived there for 2 years and not giving another room?

She said that she would give us a little over a week to leave and that we can come back after renovations are done, however we don't have enough money to leave because we still have to pay for staying another week and she refuses to put us into another room. We do not have a lease, we pay week... Read more »

1 Answer | Asked in Landlord - Tenant and Foreclosure for Virginia on
Q: In Arlington VA I need to evict previouse owner from a foreclosed home. Is this a 3 or 5 days notice? I need assistance

In Arlington VA , I need to evict previouse owner from a foreclosed home. Is this a 3 or 5 days notice? advice ?

I need REASONABLE professional assistance.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Sep 8, 2022

A former owner of real estate that was sold at a foreclosure auction becomes a tenant at sufferance after delivery of a deed from the substitute trustee. A tenant at sufferance is one who enters into possession of real property lawfully, but remains in possession unlawfully. After title to the... Read more »

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Landlord refuses to cooperate with rental assistance due to tenant loosing hours from COVID. Trying to pay rent.

I applied for rental assistance my landlord refuses to cooperate with rental assistance ( church) and give W9 form for me to havey rent paid my husband lost job due to child care issues and I lost time due to covid. So I applied for help with rent but landlord won't cooperate with assistance.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: In Virginia how does one stop a landlord from passing on normal ware and tare expenses?

The lease says the resident shall pay for causing damage. Unethically, the landlord is passing on normal ware and tare expenses to their tenant. Without any contractual basis or notice the landlord added a $50 fee to the rent for repairing the refrigerator. Also, they did not provide an invoice for... Read more »

Jennifer Alettia French
PREMIUM
Jennifer Alettia French
answered on Aug 1, 2022

It depends on how the lease agreement is worded. Usually residential leases are for a specific period of time (a year is standard) with the rent remaining the same for that year. The landlord can not change the rent midlease unless the lease allows for it to be unilaterally changed during the term... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Virginia on
Q: Is the Property Management company liable for my stolen vehicle?

My vehicle was stolen from the garage in my high rise building. The security gate that allows entry into the garage has been broken for weeks. This allowed the thieves easy and clear entry. Is the property management company negligent and liable for damages?

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2022

A Virginia attorney could advise best, but your question remains open for a week. It could depend on a number of factors - other thefts in area, construction of gate, nature of breakage, terms of parking arrangements, etc. An investigation would need to address these and other possible issues. Good... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Can a landlord deny a physical, signed lease in preference for an electronic one?

Submitted a physical lease prior to the expiration of my previous lease and was later informed that the property manager "did not accept paper leases" so I was charged several hundred more for the next month's rent because I had been transferred to a month-to-month... Read more »

Ross Cameron Hart
Ross Cameron Hart
answered on Jul 15, 2022

That sounds like nonsense.

You may want a lawyer to help you. I would suggest a 'tenant assertion' to have the court declare that a lease exists and you are due refund/credit/lower rent payments on the lease. You would file the assertion in the General District Court for the...
Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Do I have a fighting chance in court

Recently my ex landlord hit me with a warrant in debt for back rent. They are claiming i haven't paid rent in 2 years which is ridiculous since my lease was year to year. The only time that i did not pay rent was for a six month period when my heat went out and other things that needed major... Read more »

Elaine Jarvis
Elaine Jarvis
answered on Jul 7, 2022

First of all: make sure (absolutely sure) you show up at the first return and ask to contest everything and do NOT admit to owing anything. Then I would think about talking to a lawyer because it would appear that you do have defenses--and this assumes the lease is in Virginia:

1. You...
Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Do I need to give notice to a person staying in my property in the state of Virginia? More details below.

Does not pay rent and is not in a lease agreement. Property damage has occurred by this person. If a notice needs to be given how long? Also do I need to go through the court system as in an eviction?

Steven Krieger
Steven Krieger
answered on May 31, 2022

If you're going to evict based on non-payment or property damage, then you do need to give notice and evict through the court process. If you're evicting based on a person who has no tenancy rights then arguably no notice is required, but even then, the safest thing to do is give notice.... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: How can I file a civil suit against an evicted tenant for over $100k in damages and costs?
Steven Krieger
Steven Krieger
answered on Apr 23, 2022

You'd just file a complaint for breach of contract in Virginia Circuit Court for the unpaid rent and any other damages (like property damage) and then serve the former tenants with the complaint. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: What is the definition of lease term?

After proper notification of termination of Virginia Association of Realtors Property Management Agreement, can prior property manager continue to collect management fees after new lease agreement is made with tenant by new property manager.

Richard Sternberg
Richard Sternberg
answered on Apr 5, 2022

It depends on what the contracts you signed said. Either read them yourself or retain counsel to help you understand them. It's not a bad idea to read them before you sign them, too.

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