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Virginia Landlord - Tenant Questions & Answers
0 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: What should I do about persistent smoke smell in apartment since I moved in that has not been resolved?

I moved into my apartment two months ago and it smelled strongly of smoke. There was no notice of this before I signed my lease. The complex has tried multiple things to fix it but none have worked. Seems as though they have given up. What can I do?

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: My landlord never gave me a lease to sign, am I a month to month tenant? If not, what kind of tenant am I?

I share an apartment with three roommates, each of whom has a signed lease. However, my landlord hasn't provided me with a lease to sign. We all pay the same rent, I have no idea if I have any protections.

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: If tenants were late on rent do I still have to give a 30 day notice in Virginia?

Lease ended August 1st 2023, they were trying to buy the house but was unable to do so, I gave them a move out day of August 4th on July 16th. I am trying to collect rent $2150 owed and they are claiming they won't pay because of illegal eviction

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord deduct for carpet cleaning fees when I have provided a receipt that proves I already had the service done

Carpet cleaning was required in my lease as a part of move out. The landlords and property manager did not provide a recommended cleaner when they reminded us to have the carpets cleaned before move-out, so I contracted one myself. During the in-person move out inspection, I informed the landlord... View More

James L. Arrasmith
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answered on Nov 13, 2023

In Virginia, if your lease required carpet cleaning and you've complied by hiring a professional service, the landlord should not typically deduct additional carpet cleaning fees from your security deposit, especially if you provided a receipt.

The key here is whether the carpet was...
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0 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: I was wondering what the difference between abandonment and termination of a lease is

The only thing in reference I saw in the lease is: "In the event the Tenant abandons the property, the Landlord may, at its option, accelerate the entire paid balance of the unexpired portion of the lease and take such action to collect same as the Landlord deems appropriate." We are... View More

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: What is the best way to make an occupant leave your home permanently? Can it be done in 30 days?
Richard Sternberg
Richard Sternberg
answered on Nov 1, 2023

You are missing a few facts, and, without the facts, any answer can't get any better than raging, bleeding malpractice. Further, revealing the facts in an open, Internet forum can be a raging disaster, potentially rising to the point that anything you tell the lawyer related to the facts you... View More

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1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Virginia on
Q: In Va can a landlord evict a person for marijuana on the property
Maria T Patente
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answered on Oct 19, 2023

Most leases in Virginia written for professional landlords include an express provision that prohibits controlled substances, including marijuana. Marijuana is still a controlled substance under federal law, and in Virginia up to one ounce is excluded from the criminal code. Absent these... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I want to take my name off of my moms lease, we co-signed for income reasons. Is it legal to have to forfeit the deposit

When I called to inquire about taking my name off of the lease due to moving out they said we would forfeit the entire deposit. I’m wondering why since my mom will still be a resident. And if it is justified that they take the deposit now, would she be held responsible for any damage costs upon... View More

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

A co-tenant can generally negotiate with the landlord and reach mutually agreeable terms for the removal of the co-tenant from the lease. A landlord is not required to remove a co-tenant from a lease just because the co-tenant decides to move out.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Did the recent updates to the VA Landlord and Tenant Act increase time limits for security deposit returns?

It has been 48 days since the end of my lease and I have not received my security deposit back, an itemized list of deductions, or any communication regarding withholding my deposit. My lease specifically stated that the deposit would be returned within 45 days. I reached out to my landlord to ask... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Aug 17, 2023

Security Deposits are governed by 55.1-1226 of the Code of Virginia - you can find it at this link:

https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226/

It specifies 45 days from the date defined in the law (earlier timelines were a bit shorter) so it may be...
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1 Answer | Asked in Landlord - Tenant and Family Law for Virginia on
Q: Can I evict a person who refuses to pay rent to my elderly mother?

My mother moved away due to failing health. The tenant lives behind her home in a trailer. He has no electricity or water as well in the trailer. Can we condemn the trailer.

Richard Sternberg
Richard Sternberg
answered on Aug 14, 2023

The answer will depend on local as well as state landlord and tenant law. Virginia is relatively good for landlords compared to my other jurisdictions, but you need to get a local lawyer that covers landlord-tenant and/or real estate.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I sue my apartment for not fixing AC for over a year. Causing financial and emotional harm.

Moving in on September of 2022 my wife and I had our first child. And we noticed the AC in our unit did not work as well as we wanted. By end of day our unit would be 80+ degrees which with a newborn was impossible to sleep at night. Maintenance would continue to state over the last year that it... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Jul 23, 2023

First, you can sue anyone for almost anything (there can be a penalty if it's frivolous, however. Don't worry: your situation is not 'frivolous' in my opinion). The real question is whether you can succeed in that suit. I think you have a fair chance of success - nothing... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What happens if a landlord fails to give you an itemized deduction list in the 45 day period?

Received on the 47 day mark for 2200 additional dollars past security deposit

T. Augustus Claus
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answered on Jul 17, 2023

In Virginia, if a landlord fails to provide an itemized deduction list within the required 45-day period after the termination of the tenancy, they may forfeit their right to make deductions from the security deposit. According to Virginia law, if the landlord fails to comply with the 45-day... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Rental application and lease discrepancy in rent amount? Is the rental app legally binding?

My rental application lists my rent as $1494, but my lease states my rent is $1424. My landlord is trying to charge me the higher price.

T. Augustus Claus
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answered on Jul 11, 2023

If there is a discrepancy between the rental amount listed in your rental application and the lease agreement, it is advisable to communicate with your landlord to clarify the issue. Start by referencing both the rental application and the lease agreement, and bring attention to the discrepancy.... View More

2 Answers | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for Virginia on
Q: An estate is trying to evict us. The owner died but we paid him a cash towards the property with verbal agreement.

We made a gentlemans agreement with the owner to rent to own his property. We paid him $25k for down payment and as a show of good faith he wrote us a quit claim for 2 trailers on the land. He passed and now the estate is trying to evict us with refusal of any funds, but the beneficiary (his... View More

Richard Sternberg
Richard Sternberg
answered on Jun 19, 2023

Oral agreements on real estate are not binding. All contracts regarding real estate must be in writing. Sometimes, a writing can be found from things that aren’t thought of as writings, such as an email, receipt, or check. You need to review your specific facts including every written... View More

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I have rented 2 apartments and started doing Airbnb on them. Lease doesn't allow sublease. Penalty?

As the title. They want me to vacate in 2 months and pay a penalty fee. I didn't want to vacate, so they are forcing me to vacate and they are asking one month's rent as penalty. I don't want to pay that. Because I will end up paying 2 months rent already and they are the ones who... View More

John Michael Frick
John Michael Frick
answered on Jun 14, 2023

Typically, when a renter violates a lease that doesn't allow subleasing by using the premises as an Airbnb, the landlord simply requires the tenant to pay any money earned by the tenant via Airbnb. Unless the lease allows them to charge one month's rent as a penalty, I would just give... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can my Landlord evict me after finding out that were are paying the court instead of to him?

We were ordered by the court to send our rent payments to the court, because our Landlord owes a bank payment for the house we are renting. Please, we need some advice on if we should move out in the next 21 days or what?

Derek Allen Colvin
Derek Allen Colvin
answered on Apr 10, 2023

An attorney would need to understand your goals to fully answer this question. Generally speaking, what you "should do" depends on what you want to do in this case. It sounds like you were sent a garnishment order. If so, that is a valid court order and your rent payments are being... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Is there a way I can get a judgement or eviction sealed on my rental/ credit history?

Or is there a way I can fight a judgment or eviction after the court date, judgment, and etc?

Maria T Patente
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

Under some circumstances, a defendant may be able to successfully motion the Court to re-open a case. For example, if a Court issued a default judgement, and the defendant was unable to attend through no fault of his/her own. Also, keep in mind that every matter in a Virginia General District... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: living in Virginia, yearly lease end 03/30/23 and I gave the notice on 02/20 but landlord said my vacate date 04/20

Landlord said that i need to provide 60 days' notice or else the lease will automatically renew on a month-month basis. Now I am stuck paying double rent. when I gave the notice i added my vacate date as 04/01 but they never responded on that and when i asked about my dates they said its 04/20

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 8, 2023

Read your lease. Some leases have an extended notice period such as 60 days (which your landlord is telling you). Your lease controls if it was written correctly. In leases I've drafted the following paragraph was included:

;;;

YOU and WE may terminate this lease by giving...
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