Mold was found under the floor of a bathroom and was not professionally remediated while tenants were still living inside home.
I am moving out and my landlord did not provide me and dud not walk through the apartment when I leased it two years ago. He also promised to paint but he did not fulfill his promise. What do I expect when I move out?
Or is there a way I can fight a judgment or eviction after the court date, judgment, and etc?
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... Read more »
They said I can still be evicted even if its for March rent and the full amt isnt paid by court date. The court summons says rent for Dec 22-Jan23 amt of $1700 which was paid in full Feb, Amt owed was brought to zero before 5 days. Was charged 2 seperate court fees. They are still proceeding with... Read more »
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
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... Read more »
My wife and I are currently under a residential lease for a house that runs for 19 months. The total rent due is $54,000 which equals $2,842.10 per month over the lease term. The property manager however deducts $3,000 a month from our checking account because the lease calls for the rent to be... Read more »
I gave someone 45 days to vacate my home I gace a verbal,text message and written documents..they said ok and moved 80% of their stuff out and have not stayed at the home since but still have items there i reach.out and ask when they were coming to get there remainder of the items but they ignore... Read more »
answered on Mar 20, 2023
I advise against taking "self-help". The Virginia Residential Landlord Tenant Act creates a high penalty for landlords who evict a tenant without obtaining a Judgement of Possession and Writ of Eviction through a Court. The penalty can exceed $5,000 plus attorney fees for the tenant.... Read more »
Our leasing manager is telling us we don't have access to use the attic because it belongs to the home owners association. However that information was not provided in the lease we signed. We have a rat situation in the attic and they have yet to resolve that. We also have been told one of the... Read more »
answered on Mar 20, 2023
Tenants have several options in cases like this, when safety and health are threatened due to uninhabitable living conditions. (1) A Tenant's assertion (2) a Repair and Deduct (3) a 21/30 day notice to landlord, demanding that Landlord repairs in 21 days or lease will end on day 30.... Read more »
The landlord started renovating the apartment instead of looking for a new tenant.
answered on Jan 29, 2023
You may be entitled to a refund for the period after the landlord began renovations of the rental unit. There is a difference between 'renovations' (serious work such as upgrade kitchen, bath, etc) and 'turnover' (new paint, possibly replace old carpet, etc). Also consider the... Read more »
answered on Dec 29, 2022
Unfortunately, what someone can do, should do, and actually does aren't always the same. Assuming you paid a security deposit and the VRLTA applies, I'm not sure why the landlord wouldn't want a move out inspection. You have a right to be present during the move out inspection.... Read more »
Allowed children to spill paint over 1/2 room of carpet. Wouldn’t come out & whole room replaced because couldn’t match. One of many negligent damages. Broke lining frig, 2 bins & chunk out of gasket/ door seal. 30-60 nail hole each child’s room, doors & gate hardware broken,... Read more »
answered on Dec 10, 2022
It really depends on whether the items can be repairs and the condition of the items before the tenancy. If they can't be repaired and only replaced, then replacement is fine. If they were in excellent condition before and repair is not possible, then replacement could be justified. It's... Read more »
I have the SCRA clause in my lease.
answered on Oct 26, 2022
The SCRA limits anyone from taking a judgment against a service member when he or she is called to active duty. Unless you share the lease for review -- which you should not do in an open on-line forum -- I have no idea what your SCRA clause says, but I would take a wild guess that it has nothing... Read more »
VA Code § 55.1-1236 (2021)
answered on Oct 14, 2022
It would be incompetent to answer this without a factual inquiry and interview, and the Internet in an open forum is not the correct place to get that. Seek counsel licensed on the applicable jurisdiction, and secure a consult.
Lease expired in May now it is month to month but no new lease since May the problem occurred because rent is owed for September and for October. The 5 day notice says that after 5 days he can take possession of house and anything in it.
answered on Oct 7, 2022
When you fail to pay rent the landlord serves you with a written 5 day pay or quit notice in the first step towards an eviction. If rent is not paid within 5 days, the landlord then must file a summons for unlawful detainer in the court in which the property resides. Virginia does not permit... Read more »
Edit:
55.1-1204 Section C says Mr Sternberg is incorrect in his answer. He also says perjury and discrimination against protected classes is "irrelevant". I need someone who cares about those things and the law to answer.
Some points (this box isn't enough for all... Read more »
answered on Oct 4, 2022
Most of the facts in your question are irrelevant. A contract for land must be in writing or it is void. Depending on where you are, a writing can sometimes be lots of things short of a Purchase and Sale Agreement on the local Board of Realtors form. I think there is one DC case in which a check... Read more »
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 »
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.
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 »
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 »
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