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Virginia Landlord - Tenant Questions & Answers
0 Answers | Asked in Civil Litigation, Landlord - Tenant and Libel & Slander for Virginia on
Q: Can a property manager still sue me and can I sue him for harrassment ? What is statute of limitation in VA ?

Multiple threats towards myself and mother ( cosigner for first year only ) from property manager in demands for more money through move out. Then threats to sue. Historically lying about threats after investigation . Never providing full disclosure of alleged evidence used to demand money.... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I live in Va. My ex boyfriend is living in my home and wont leave.can I evict him? How long is the process?

He does not pay rent nor is he leasing. I own the home.I served 3 day eviction notice but he doesn't believe it's real and refuse to leave. Ive called police on him for harassing me in my home. He keeps attempting to hurt himself by falling down steps, falling on furniture and breaking... Read more »

Steven Krieger
Steven Krieger answered on Jan 25, 2022

Yes, you can evict him. The specific process depends on what your agreement with him was. Was there a signed lease? Did he pay rent or perform some service in exchange for living there. That impacts the type of notice you give. If you decide to hire a lawyer, I'm sure anyone who responds would... Read more »

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord evict you from a rental if it is an illegal rental?

I have ben living in my home since 2018. originally it was suppossed to be very short term 6months approximatly. Due to a family crisis we ended up losing everything and had no where to go, the land lord had no issue allowing us to stay and since my husband worked for him until his company closed... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I have a tenant evicted who has not paid rent for over a year ?

This tenant refused to renew there lease last year stating they were moving and this fall filed bankruptcy.

F. Paul Maloof
F. Paul Maloof answered on Jan 23, 2022

When the tenant/debtor filed bankruptcy and included in the bankruptcy the landlord as a creditor, there is an automatic stay on all existing claims by creditors against the tenant/debtor. If the tenant/debtor was discharged in the bankruptcy, all unsecured creditors are discharged/eliminated from... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can you counter sue for attorney fees in a civil suit claim for eviction if you represent yourself?
F. Paul Maloof
F. Paul Maloof answered on Jan 22, 2022

In Virginia, an award of attorney's fees is only applicable if the party (plaintiff or defendant) pays their attorney who represents the party and is paid for the professional services rendered. Self-representation does not give rise to the entitlement of an award of attorney's fees.

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: To terminate the lease, I want to find a person who will take over my lease. But the landlord rejected it.

The landlord was renting 2B1B units to A and B with a one-year renewal type (from Aug 1 to Jul 31), and I took over from B on August 15, 2021, and moved in (So lease ends Jul 31, 2022). But I had to move to another state because of my job, so I told the landlord that I wanted to sublease my room to... Read more »

0 Answers | Asked in Civil Litigation, Landlord - Tenant, Libel & Slander and Sexual Harassment for Virginia on
Q: A man bought me a car. Now he's reported it stolen.

He was my landlord. I thought he was trying to help me out during a difficult time. When I wouldn't get involved with him romantically he kicked me out of the house and has now reported the car stolen. He has also started saying terrible things about me. What can I do?

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord discuss a commercial tenants information?

This is to include anyone such as the commercial tenants customers, friends of landlord, etc? Such information to include details of eviction, money owed to landlord or information that could potentially cause tenant to lose work.

F. Paul Maloof
F. Paul Maloof answered on Jan 14, 2022

Privacy information of anyone is generally covered by the privacy laws. Public information, such as an eviction, is generally available to everyone so it probably is not covered by the privacy laws.

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: Landlord said he is evicting us then he changed and said he selling house . Month to month.we paid Dec rent

Last week owe jan and he said get out by Feb 5th and he won't comply with rent relief appl.

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: Does a commercial tenant have any rights after the following?

•9/22/21 writ of eviction issued

•10/8/21 landlord approved stay for tenant at walk thru with Sheriff (no approximate time given to leave )

•1/7/22 landlord had Sheriff advise tenant to leave for trespassing - Sheriff advised to contact landlord for possessions

Now... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I take my previous roommate to small claims court, for failure to pay the remainder of our rent?

I lived in a previous apartment with a roommate. We both moved out to our separate place, but my roommate was behind on his half of the payment and still has not paid it. He has had numerous opportunities, payment plans, and still has made no initiative to pay the balance. There just seems to... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 11, 2022

As a co-obligor, you have the right to contribution from the other tenant/other co-obligor on the lease. You have a right to bring a claim in small claims court if the amount that you will claim is within the jurisdiction of the small claims court. Whether the matter is worth your time and... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My car was damaged beyond repair in my apartment assigned parking lot. Is the landlord liable for damages..

We had a Nor'Easter. This is the second car I have lost in my 7 years living here. The landlord refuses to fix the parking lot and is aware of the flooding issues. I was not home when it happened. Other cars were also damaged.

F. Paul Maloof
F. Paul Maloof answered on Jan 10, 2022

In Virginia, if the Landlord proximately caused the damages to your vehicle, then the Landlord would be liable. Based on the facts that you stated, the weather apparently caused the damage and that is considered an Act of God for which the Landlord is not liable.

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: My landlord is trying to evict me and my family. How can I fight it?

She has never given us a written lease. The way she is trying to do it I don’t think is the proper way.

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: If a person who has possessed a room in a hotel for more than 90 days and the start of an Unlawful Detainer was filed

And the guest later requests to move to a new dwelling unit (new room number)- citing bad smells, etc. Once they leave the original dwelling unit, they no longer have the standing to exercise the right to possess the new dwelling unit. Therefore no unlawful detainer would be required to force them... Read more »

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can I break a lease

I'm renting a room from someone and it's only supposed to be two people. He claims his gf didn't move in but she stays every night. He didn't ask me if it was OK. So I buy food and they are eating it up. He says I owe him for light bill which I told him before I moved in 700 was... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Daughter was able to sign a lease with my landlord

Will I Was away taking care or father-in-law and my daughter was granted possession of my house. What can I do.

F. Paul Maloof
F. Paul Maloof answered on Dec 17, 2021

You can bring a lawsuit in the General District Court for the jurisdiction in which the premises is located and seek the return of the possession based on a breach of your lease with the landlord.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Landlord - Tenant for Virginia on
Q: How should I proceed to ensure I am not being put out empty handed or because of a lie?

Hello, I'm a single mother of three beautiful small children and, in 04/2020 I began renting a small home 2 bedroom with a agreement that if remained current on my rent payments & on time every month and fixed this uninhabitable home(mold,structural damage,plumbing and electrical repairs... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 25, 2021

This is something that an experienced Viriginia landlord-tenant attorney should advise on. But your post remains open for three weeks and describes a heartbreaking situation. Until you are able to go over this with a Virginia attorney knowledgeable on these issues, here are a few resources that... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord got a writ of possession without me receiving with a notice and lied (proved) to obtain unlawful detainer?

I provided evidence and was not required to pay for the alleged missing rent payments. But they still heard his case why can he file a civil suit based off a lie and still receive a writ of possession instead of the judge throwing the case out?and what can I do about this i appealed once and got... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 6, 2021

In Virginia, when you appeal a case from General District Court, the matter before the Circuit Court is a trial de novo (new trial). If the Circuit Court entered a judgment against you at the conclusion of that trial, your only remedy would be to file an appeal with the Virginia Supreme Court. If... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My boss is my landlord we had a verbal agreement, my husband passed away and the very next day my landlord change the

locks on my apartment and I can't get in to get any of my belongings. He told me that he will only let me come in one time. I would have to have a pickup truck and I can only get my clothes I can't get anything else that is mine out of the apartment

F. Paul Maloof
F. Paul Maloof answered on Dec 6, 2021

In Virginia, a landlord is prohibited from using self-help to lockout and/or evict a tenant. You should contact the Office of Housing for the jurisdiction in which the premises is located and make a formal complaint.

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What if anything can I do about my landlord not maintaining the driveway? It is in a mobile home lot where his brother

Is responsible for half the road. And the man I pay rent to says I need to go to his brother. Whom I do not rent my lot from?

F. Paul Maloof
F. Paul Maloof answered on Dec 5, 2021

In Virginia, the issue of maintenance of a driveway will depend on what is stated in the written residential lease. It should provide for whether the landlord or the tenant has the legal obligation for such maintenance.

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