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