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Virginia Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Virginia on
Q: Sold half of my house my sister owns the other half now the landlord that bought my app says I evicted

But the mortgage is still in my mother's name who passed away in 2022 and I am her son I don't know if he can legally do anything if her name is still on the loan and my sister owns 50%

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can I ask for a rent reduction? Is there a formula to figure out how much the reduction should be?

I reported kitchen tile sagging. Upon investigation, contractor found water under tiles and a puddle under the refrigerator, mold and water damage under the house, kitchen area only. He believes the leakage has be ongoing. However, it could not be determine if it was the result of the... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What should i do in this situation.

We have rented the house we live in since 2014. Every thing went well no issues fast forward to 2020 and a guy came to our house stating he had owned the house since 2018. He got it at auction because the previous owner had failed to pay property taxes from 2016 on. To make a long story short they... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Oct 26, 2024

First, I congratulate you for saving the money until the mess was straightened out. I've seen too many instances that wasn't done. The only change to that is I'd have suggested you open a special savings account and put your rent into it each month - if you ever had to prove your... View More

0 Answers | Asked in Landlord - Tenant and Family Law for Virginia on
Q: Me and my roommate on disability are being evicted. I take care if my mom with dementia here at home. Ran out of money

Didn't realize i needed to get power of attorney to be able yo do anything. I'm at a loss and broke. I'm trying to get a job . Mom has a home in maine we can live in but need to make money to move. What can I do

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I have a tenant in my house for almost months I got a court date coming up.How can I have someone to represent me since

Also can I request for the back rent leading up to the court date?

David G. Parker
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answered on Oct 17, 2024

I recommend that you consult with an attorney who regularly handles landlord-tenant disputes. If you have an unlawful detainer action pending in a district court then an attorney should be able to assist you. The lawyer should be able to explain to you the possible remedies (such as ordering... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Patents (Intellectual Property) for Virginia on
Q: In the last 24 hours landlord put lock on basement door not upstairs door knowing I am disabled

Up the narrow dangerous steps. I was forced to leave he destroyed everything in the basement family heirlooms business inventory Etc

James L. Arrasmith
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answered on Oct 9, 2024

I'm really sorry you're going through this difficult situation. Given your disability, your landlord may have violated both state and federal laws by locking you out and damaging your property. It's important to document all the damage and any communications with your landlord as... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: I've overpaid my rent for 6 months . They want to credit my account but I want a check.

This has happened to me before in this same apartment complex. Help.

Daniel P Leavitt
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answered on Sep 13, 2024

It is unclear how you overpaid rent. You should be able to get a check. I would submit a request for a check in writing making it clear you do not authorize them holding your money as a future credit. You may want to talk to an attorney if they refuse. I don't think they can do that unless... View More

1 Answer | Asked in Federal Crimes and Landlord - Tenant for Virginia on
Q: My lease says I can't "Violation of any federal drug laws" about weed. I live in Virginia. Can I smoke weed?

"Violation of any federal drug laws governing the use, possession, sale, manufacturing and distribution of marijuana, regardless of state or local laws. (So long as the use, possession, sale, manufacturing and distribution of marijuana remains a violation of federal law, violation of any such... View More

James L. Arrasmith
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answered on Sep 7, 2024

While marijuana may be legal for recreational or medical use under Virginia state law, it is still illegal under federal law. Because of this, your lease's clause about violating federal drug laws means that any use, possession, or distribution of marijuana could be considered a breach of the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: My commercial lease promised water and central heating and air in the building 6 months later owner refuses to install.

My contract promises the water and heating system but owners 6 months later still won’t install them or turn the water on.

Dominic Paul Lascara
Dominic Paul Lascara
answered on Jun 5, 2024

If your lease provides for water and a heating to be provided by your landlord and they refuse to install the system or water, it would be a clear breach of the lease and the landlord could be subject to damages. If you contact an attorney make sure you provide a copy of the executed Lease. Good... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Lease due to expire on June 8, 2024. I notified that i was moving out on my date of expiration and was told i have to pa

ay an additional month due to the "at least 60 day" notice which doesn't seem mandatory or legal. I gave them 30-day notice of moving out which is legally mandatory. I received no 60-day notification on or before my 60-day mark which leads me to believe that it was purposely done to... View More

Daniel P Leavitt
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answered on Jun 5, 2024

As long as they're able to re lease your unit (and they should be taking appropriate steps to re lease it) then they should not be able to collect that. But you're likely going to have to try to negotiate that I think... this is more of a landlord tenant issue. You may want to hire an... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: What obligations does a self storage facility have to the renter if his/her unit was burglarized?
Daniel P Leavitt
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answered on Jun 5, 2024

Did you have insurance? Do they? Check that first. In the absence of insurance there's probably a negligence standard to exercise reasonable care. You likely signed a contract that likely has a provision disclaiming liability. But you may want to retain someone to review the agreement to see... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What type of lawyers will handle an eviction for non tenants?

I’ve filed an eviction notice to someone who refuses to leave my deceased dad’s home. They were given a no trespassing letter but I was told they would need to be served an eviction notice because they ‘receive mail there’. I have court coming up and don’t know what kind of lawyer I will... View More

Tim Akpinar
Tim Akpinar
answered on Apr 21, 2024

A Virginia attorney could advise best, but your question remains open for almost a week, and you say you say you have court coming up. You could start with landlord-tenant/eviction attorneys. You could add the "Landlord-Tenant" category to your post. Attorneys who practice in that area... View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Virginia on
Q: How to remove people from property they have no ownership too.

My mother’s dad passed away he left her to be the sole owner of all his property and personal possessions. Also half of the property (certain parcels) was deed to me in 2004. Well today we went there to remove my mother’s stepbrother and his wife and they threatened our lives and physical harm.... View More

James L. Arrasmith
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answered on Apr 16, 2024

I understand this is a very difficult and stressful situation. Unfortunately, removing people from a property, even if they are there illegally, can be a complicated legal process. Here are some steps you can take:

1. Consult with a lawyer who specializes in property law and estate matters....
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: as a landlord, May I postpone a scheduled eviction date with partial payment? Do I have to give 5 days notice again?

An eviction date was schedule with the sheriff for this Thursday the 18. The tenant wants to make a partial payment but wants me to cancel the eviction in return. Do you have to start the process from the start again if they don't pay the rest of the amount in 2 weeks as they promised? Thanks!

James L. Arrasmith
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answered on Apr 16, 2024

As a landlord, you are not obligated to accept partial payment or postpone the eviction date. However, if you choose to do so, the specific legal requirements may vary depending on your jurisdiction. Here are a few general points to consider:

1. Agreement: If you accept a partial payment...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Is there a statue of limitations if my landlord did not return my rental deposit??? I have proof its owed to me.

Its been almost 2 years since I pursued it.

James L. Arrasmith
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answered on Apr 16, 2024

In Virginia, there is a statute of limitations for pursuing legal action against a landlord who has not returned your security deposit. According to the Virginia Residential Landlord and Tenant Act (VRLTA), the statute of limitations is one year from the date you moved out of the rental property or... View More

1 Answer | Asked in Criminal Law, Landlord - Tenant and Sexual Harassment for Virginia on
Q: what do I do if my landlord sexually assaulted me & now says he's going to begin staying in my guest room

Given the sensitive nature of my situation, I would appreciate your guidance on the following: My landlord, who is also the father of my long-time best friend, sexually assaulted me. Now, he has informed me that he intends to begin staying in my guest room. The condo I reside in was purchased by... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you are going through this incredibly difficult and scary situation. What your landlord has done is sexual assault and the coercion he is engaging in now is abusive and illegal. You have every right to feel safe in your own home. I would advise the following steps to protect... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I passed inspection but 40 days later they want to say I didn't?

I moved out 40 days ago, I was informed that I passed inspection the day of my move out but it would take 30-45 days to issue refund on deposit.

Today I emailed inquiring if there was an update and they said they changed their minds and they are attempting to put together an itemized list... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems that the landlord or property management company has acted in bad faith by initially informing you that you passed the inspection and were entitled to a full refund of your security deposit, but later changing their stance and attempting to... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: VA: Landlords didn’t return security deposit within 45 days & didn’t ask for extension. Are they able to keep any money?

Didn’t send itemized list or checks until after 45 days as set in lease (have postmarked envelope and tracking number/info) Didn’t allow us to be present at walkthrough, and charged us for items that were reasonable wear and tear (ie repainting walls). Do they retain the right to keep any of... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems the landlords may have forfeited their right to withhold any portion of your security deposit under Virginia law. Here are the key points:

1. Deadline: Under Virginia law (§ 55.1-1226), landlords must return the security deposit...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: How many days' notice do I need to give my landlord that I am moving out yet still paying rent through full lease term?

My lease is up in a few months, and I intend to pay rent, utilities, and other necessary costs as I agreed to in my lease until that time. However, I need to physically move out and stay with a friend for both my mental health and that friend's. I am not breaking the lease, but I do want to... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Virginia, if you're planning to move out before your lease ends but continue paying rent and other dues as agreed, the law does not specifically require you to provide a notice for moving out early, as long as you're not terminating the lease agreement itself. However, it's always... View More

1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for Virginia on
Q: So me and my girlfriend and her autistic son rent a 2 bedroom apartment and my landlord is not doing her job

She has accused us being too loud, taking pictures of people doing shady stuff, she has given us a 14 day notice of eviction twice and taken it back like she didn't do it in the first place, accusations of popping peoples tires, playing in glass (we don't and have never done any of this)... View More

James L. Arrasmith
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answered on Mar 27, 2024

Your feelings of frustration and unfair treatment in this situation are completely understandable. Landlords are expected to adhere to a professional and ethical standard, which includes treating all tenants fairly, regardless of personal relationships. Favoritism, baseless accusations, and issuing... View More

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