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 »
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 »
A former owner of real estate that was sold at a foreclosure auction becomes a tenant at sufferance after delivery of a deed from the substitute trustee. A tenant at sufferance is one who enters into possession of real property lawfully, but remains in possession unlawfully. After title to the...Read more »
The lease says the resident shall pay for causing damage. Unethically, the landlord is passing on normal ware and tare expenses to their tenant. Without any contractual basis or notice the landlord added a $50 fee to the rent for repairing the refrigerator. Also, they did not provide an invoice for... Read more »
It depends on how the lease agreement is worded. Usually residential leases are for a specific period of time (a year is standard) with the rent remaining the same for that year. The landlord can not change the rent midlease unless the lease allows for it to be unilaterally changed during the term...Read more »
My vehicle was stolen from the garage in my high rise building. The security gate that allows entry into the garage has been broken for weeks. This allowed the thieves easy and clear entry. Is the property management company negligent and liable for damages?
A Virginia attorney could advise best, but your question remains open for a week. It could depend on a number of factors - other thefts in area, construction of gate, nature of breakage, terms of parking arrangements, etc. An investigation would need to address these and other possible issues. Good...Read more »
Submitted a physical lease prior to the expiration of my previous lease and was later informed that the property manager "did not accept paper leases" so I was charged several hundred more for the next month's rent because I had been transferred to a month-to-month... Read more »
You may want a lawyer to help you. I would suggest a 'tenant assertion' to have the court declare that a lease exists and you are due refund/credit/lower rent payments on the lease. You would file the assertion in the General District Court for the...Read more »
Recently my ex landlord hit me with a warrant in debt for back rent. They are claiming i haven't paid rent in 2 years which is ridiculous since my lease was year to year. The only time that i did not pay rent was for a six month period when my heat went out and other things that needed major... Read more »
First of all: make sure (absolutely sure) you show up at the first return and ask to contest everything and do NOT admit to owing anything. Then I would think about talking to a lawyer because it would appear that you do have defenses--and this assumes the lease is in Virginia:
If you're going to evict based on non-payment or property damage, then you do need to give notice and evict through the court process. If you're evicting based on a person who has no tenancy rights then arguably no notice is required, but even then, the safest thing to do is give notice....Read more »
You'd just file a complaint for breach of contract in Virginia Circuit Court for the unpaid rent and any other damages (like property damage) and then serve the former tenants with the complaint. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.
After proper notification of termination of Virginia Association of Realtors Property Management Agreement, can prior property manager continue to collect management fees after new lease agreement is made with tenant by new property manager.
Your description is not sufficiently clear. The tenant broke the lease. Nevertheless, you chose to return the full deposit without deducting for the rent or brokerage damages. Now, the tenant is suing you? Regardless of whether I understood you, you need a lawyer to review the facts. Perhaps it is...Read more »
You'd likely have to provide a 30 day notice and then file an unlawful detainer with the court if he doesn't leave (assuming the boyfriend was not given the home in the will). If you decide to hire an attorney, I'm sure anyone who responds would be happy to help. Good luck.
It depends on the specific language in your lease agreement. If there's a provision that permits the owner to terminate the agreement for purposes of a sale, then you're in a more difficult position. I'm sure anyone who responds would be happy to hep if you'd ie to hire an attorney. Good luck.
He does not pay rent nor is he leasing. I own the home.I served 3 day eviction notice but he doesn't believe it's real and refuse to leave. Ive called police on him for harassing me in my home. He keeps attempting to hurt himself by falling down steps, falling on furniture and breaking... Read more »
Yes, you can evict him. The specific process depends on what your agreement with him was. Was there a signed lease? Did he pay rent or perform some service in exchange for living there. That impacts the type of notice you give. If you decide to hire a lawyer, I'm sure anyone who responds would...Read more »
When the tenant/debtor filed bankruptcy and included in the bankruptcy the landlord as a creditor, there is an automatic stay on all existing claims by creditors against the tenant/debtor. If the tenant/debtor was discharged in the bankruptcy, all unsecured creditors are discharged/eliminated from...Read more »
In Virginia, an award of attorney's fees is only applicable if the party (plaintiff or defendant) pays their attorney who represents the party and is paid for the professional services rendered. Self-representation does not give rise to the entitlement of an award of attorney's fees.
This is to include anyone such as the commercial tenants customers, friends of landlord, etc? Such information to include details of eviction, money owed to landlord or information that could potentially cause tenant to lose work.
I lived in a previous apartment with a roommate. We both moved out to our separate place, but my roommate was behind on his half of the payment and still has not paid it. He has had numerous opportunities, payment plans, and still has made no initiative to pay the balance. There just seems to... Read more »
As a co-obligor, you have the right to contribution from the other tenant/other co-obligor on the lease. You have a right to bring a claim in small claims court if the amount that you will claim is within the jurisdiction of the small claims court. Whether the matter is worth your time and...Read more »
We had a Nor'Easter. This is the second car I have lost in my 7 years living here. The landlord refuses to fix the parking lot and is aware of the flooding issues. I was not home when it happened. Other cars were also damaged.
In Virginia, if the Landlord proximately caused the damages to your vehicle, then the Landlord would be liable. Based on the facts that you stated, the weather apparently caused the damage and that is considered an Act of God for which the Landlord is not liable.
Hello, I'm a single mother of three beautiful small children and, in 04/2020 I began renting a small home 2 bedroom with a agreement that if remained current on my rent payments & on time every month and fixed this uninhabitable home(mold,structural damage,plumbing and electrical repairs... Read more »
This is something that an experienced Viriginia landlord-tenant attorney should advise on. But your post remains open for three weeks and describes a heartbreaking situation. Until you are able to go over this with a Virginia attorney knowledgeable on these issues, here are a few resources that...Read more »
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