Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
Management has been here and assessed the problem but have not done anything to fix it. Carpet is damaged. My wife is gaging from the musty air and oder. This is the 4th time this happened. This happens when it rains. We cannot use the kitchen or living room due to furniture being piled up .
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024
I'm sorry to hear about the repeated flooding issues in your apartment and the negative impact it's having on your living conditions and your wife's health. Based on the information you've provided, it seems that your landlord or property management company has been negligent in... View More 
Do and what are my legal options? Why pay something that could be someone else's water bill? How can I prove its a fake bill?
answered on Mar 2, 2024
You have your question backwards. It's up to the landlord to prove it's the bill for your property. You might call the water utility and ask about billing at your address.
answered on Feb 27, 2024
I'm not entirely sure what your asking. However, if you are saying that you paid your rent late and your landlord is charging you a late fee, you should know the following. Late fees should not be more than 10% of the outstanding rent for that month. In order to charge late fees, that has... View More
Of Black Mold growing and thriving in certain damp spots of the apartment along with other numerous things that I just let slide because of my situation and things I could do about it at the time. Is there anything I can do to result in my benefit?
answered on Feb 27, 2024
In Virginia, you can file a tenant's assertion asking the landlord to make certain repairs if it is a material non-compliance with the lease, a violation of law, a fire hazard, or a serious threat to the life/health/safety of the tenant if not promptly treated. There are things you have to do... View More
The lawyers made an agreement( without my consent) and case was dismissed but still shows up on record keeping me from getting another place to rent Actually a Tenants Assertion...
GV23007008-
AM
Case
Dismissed
Tenant's
Assertion
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2024
Your terminology "tenant assessment" does not have meaning in Virginia. Do you mean an Unlawful Detainer? If you had an unlawful detainer that was dismissed, then you had a good outcome. You can file for expungement of a dismissed unlawful detainer 30 days after the date of dismissal.
I lived with him for 6months paid rent on time 2 months ahead actually. One day he tells me get out I was hospitalized due to my health and now his gf refuses to give me all my stuff she kept what she wanted and gave me a basket of trash and clothes random things. I just want my things.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2024
I'm sorry this happened to you. If you lived in Virginia, it sounds like you have been "Unlawfully Excluded" from your residence, which is unlawful under Section 55.1-1243.1 of the Code of Virginia. If a judge finds that you have been unlawfully excluded, the judge can award you... View More
I received a warrant in detinue from a past tenant for belongings that wasn't left on the property
answered on Feb 7, 2024
A Warrant in Detinue is a pleading used in a Virginia General District Court or small claims court to recover specific personal property, or the value thereof. The Plaintiff has the burden of proving title and that such specific property in the possession or control of the Defendant, or was... View More
If they’re not answering can I just sublease my part of the lease?
answered on Jan 5, 2024
It is my understanding that in Virginia, the right to sublease is not automatically granted to tenants. Whether or not a tenant is allowed to sublet depends on the terms of their lease. For a comprehensive understanding and legal interpretation of these provisions, it is advisable to consult with... View More
Do I have to pay the convenience fee since I was never told? I also don’t have any keys just to make sure that my roommate doesn’t have someone else live in there while I’m paying half her rent until she finds someone, can I legally get keys? I want to get out of this lease it’s a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024
It's essential to carefully review the terms of your lease agreement to understand your rights and obligations. If the lease allows for joint payments or specifies a method for rent payment, you may need to adhere to those terms. However, if there have been changes to payment options without... View More
My 1-year contract ended at the end of September 2023. I spoke with my landlord in July about renewing (I brought it up). She said she would love for me to renew for another year and never mentioned any changes to the contract. In September, I hadn't heard anything more about the contract, so... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
In Virginia, a landlord generally has the right to increase rent upon providing proper notice, usually 30 days before the end of the rental period. However, the specific terms and conditions regarding rent increases and lease renewals should be outlined in the original lease agreement. If your... View More
She stayed in my home and never paid any rent
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023
In such a situation, it's important to handle your niece's belongings with care and legality. Firstly, communicate with her, preferably in writing, to request she collects her belongings by a specific date. Give a reasonable time frame, considering her circumstances.
If she... View More
Property was inherited from deceased parents. Older bro lives in house, gets his mail there and pays all house hold bills from home. The small bro lives elsewhere for years bu shows up and uses his childhoid key to come in house unannounced and uninvited. The last time he did this we called the... View More
answered on Dec 2, 2023
If one brother wishes exclusive use of the house, then he needs to buy the other brother’s half. Merely paying the bills doesn’t change that both brothers own it. Both brothers may use the undivided whole house. I know of no requirement for notice unless there is a lease in place giving... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
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.
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
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... View More
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.
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.
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
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
Received on the 47 day mark for 2200 additional dollars past security deposit
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
