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Virginia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My son had Covid and rent was paid by county. Now apt complex won’t renew his lease.

He was asked in August was he going to renew and he said yes then he received a email stating they weren’t going to renew.

F. Paul Maloof
F. Paul Maloof answered on Oct 17, 2021

Th renewal of a residential lease is a two party agreement/contract. Both parties to the original lease are required to agree to the renewal or there will not be a renewal. Based on the facts that you reported, the landlord has not signed a renewal agreement and therefore the lease will not be... Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Virginia on
Q: Can I change the locks of my property after my tenants contract expires?

I am currently renting out my property. The contract ends November the 1st of this year. The tenants have already moved but payed for the month of October as well. Can I rekey my doors after the 2nd when the contracts ends?

F. Paul Maloof
F. Paul Maloof answered on Oct 13, 2021

In Virginia, when the tenant has fully vacated the premises and returned the keys of possession to the landlord, the landlord has complete possession and control of the premises, which gives the landlord the authority to re-key the doors.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I am a landlord of an aprtment in Virginia, my tenant is requesting me a second lock of the entrance door of the unit.

Is it a law in Virginia to provide keys for two locks?

F. Paul Maloof
F. Paul Maloof answered on Oct 7, 2021

To my knowledge, there is no law in Virginia that obligates a landlord to provide keys for two locks, unless there are two locks at the premises when the landlord delivers possession to the tenant at the beginning of the lease term.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Should I entertain rent relief program request from tenant even after having eviction judgment? She refused RRP earlier.

I have got the eviction and unpaid rent judgments against the tenant from the honorable general district court. After getting the judgment, the tenant contacted me if I would go for Rent Relief Program now ? She had refused for the same when I gave her the 14 days notice.

The lease expires... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 6, 2021

Generally, when a tenant who has not paid the rent on a timely basis and now there is a judgment for possession and damages, the tenant's back is against the wall and will do anything to stay in the premises. Landlords who agree to such an offer are only looking for more trouble with the same... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a mobile park manager ask for a copy of your home title and insurance information? Isnt this private information?

Isnt asking for this information a violation of my privacy. I have a lease agreement and dont see how they can ask for this information.

F. Paul Maloof
F. Paul Maloof answered on Sep 30, 2021

Generally, the residential lease will state the requirements for a tenant to provide the landlord with certain documents, such as title and insurance. If the lease is silent as to this requirement, then the landlord cannot unilaterally change the terms of the lease and demand additional documents... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What is the law concerning eviction in page county Virginia.

My family of 5 including myself live with my mother-in-law & her boyfriend but she just on the 13th of Sept passed from covid. We are not on the lease. We did sign a paper when we moved in here for 4 months & we've been here almost 2yrs. though, the boyfriend being friends with the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 30, 2021

In Virginia, the laws that govern landlord-tenant matters are found in the Virginia Code (statewide laws), and not in a county-by-county set of rules.

In a situation in which the landlord claims the tenant/occupants are behind in the monthly rent, the proper procedure is for the landlord...
Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I rent a single-family home in VA. My landlord insists the lease requires me to pay for bedbug treatment. Can I sue?

I discovered the bedbugs within a week of physically moving into the apartment, before I had moved in any of my furniture (so I am confident they did not come from the movers). The landlord insists that treating pests is a tenant responsibility. They initially refused to provide maintenance, but... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 29, 2021

In Virginia, a tenant can file a Tenant's Assertion to claim the premises is uninhabitable because of beg bugs. The Court will determine if the lease should be terminated and if rent will be abated. This is your recourse based on the facts you reported.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can A landlord evict before lease is up, and refuse to cooperate with Rent relief?

I have a valid lease ending May 2022 in Virginia

F. Paul Maloof
F. Paul Maloof answered on Sep 28, 2021

Generally in Virginia, when a tenant has not paid rent on the date it is due (you admitted you are behind in the rent) the landlord has the right to file an Unlawful Detainer and ask the Court to award (by Court Order) the Landlord possession of the premises and then for the right of the Landlord... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I make a neighbor who is a landlord to evict his tenants if they smoke and their smoke come in my unit

He has been notified multiple times but doesn’t respond to my messages

F. Paul Maloof
F. Paul Maloof answered on Sep 21, 2021

A neighbor has no right to force another neighbor who is a landlord to evict a tenant for smoking on the premises. You may have a right to report the nuisance to the Condominium Board and complain or to the Property Manager for recourse.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: A landlord can terminate a rental lease that has just started and put the house for sell?
F. Paul Maloof
F. Paul Maloof answered on Sep 20, 2021

The terms of the residential lease will determine when and how a landlord can terminate the residential lease. This is a contract law question. On the second question, the landlord has the right to place the premises on the real estate market for sale, but the new owner will be required to take... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: How do I protect myself from a tenant that wants to break a lease early?

My tenant wants to break a year long lease early. I told her that she is legally obligated to pay the rent until we find someone to take over her lease, or pay a fee. She was unhappy about this and has not talked to me since. How do I protect myself if she refuses to pay and just leaves? I have one... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 17, 2021

If the tenant fails to pay the rent, you will need to give the tenant a written notice to pay or quit. If then the tenant does not pay the rent, you will be required to file an Unlawful Detainer in the General Distract Court where the premises is located and seek damages and the return of... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: regards to a tenant/landlord case and landlord won't give security deposit back and gave us 72 hours to leave

Okay so my landlord said if we moved he would give us security deposit we did so and they blocked my phone number and sent a cease and desase for harrassment the home was robbed as well because they tried to say we abandoned the home when we did not I’m in need of a lawyer cause at this point I... Read more »

Steven Krieger
Steven Krieger answered on Sep 14, 2021

You're not required to leave in 72 hours. The landlord has to go through the court system to get an eviction. Of course, if you want to leave and you're able to reach an agreement with the landlord then that's your choice, but it's not a requirement. If you decide to hire a... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If I am renting a bedroom for $200 and my boyfriends grandma owns the house can lock that door anytime I am in the room
F. Paul Maloof
F. Paul Maloof answered on Sep 14, 2021

If the tenant has an exclusive right to the room, it may include the locking and unlocking of the door to the room but this would depend on what is stated in the written lease.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Are there any limitations on use if funds in an escrow account for rent deposit?

Are there any limitations on use if funds in an escrow account for rent deposit?

F. Paul Maloof
F. Paul Maloof answered on Sep 12, 2021

Funds in an escrow account for a security deposit are allowed to be used for the property damages to the premises at the end of the term of the lease. Those funds are restricted to that extent.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I rent in virginia and my ceilings fell down in the bedrooms the landlord said asbestos was found what can I do

The first ceiling fell not due to water damage, then the second bedroom ceiling fell the next day then we noticed my bedroom sagging. I stayed at my girlfriends house for 20 days so far while the landlord fix it. The workers didn't put down any plastic over my belongings and spread that... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 8, 2021

It sounds like the premises is in an uninhabitable condition. You should contact the Office of Housing Code Enforcement for the city/county in which the premises is located and make a formal complaint. An inspector should be sent to the premises to make an inspection. If the inspector finds... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord has sent me notice of non renewal of lease. We have 60 days to vacate. How do I get an extension. I can't f

I can't find a place that will be available before we have to be out.

F. Paul Maloof
F. Paul Maloof answered on Sep 7, 2021

Your issue relates to the rights and obligations under a contract/lease. It is not a consumer rights issue. As a consequence, your rights are contained in the lease and if there is no provision in the lease for the tenant to exercise an extension, it would then depend on a new mutual agreement... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What steps do I need to take as a tenant if my apt complex is adding fees to lease that isn't in my original lease .

Basically my apt complex is under new management . New workers in there have gone back previous months and has added fees that I owe a water bill , washer and dryer fees , pest control fees . My lease clearly states water is included in my rent but the washer and dryer isn't stated in my lease... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 3, 2021

You first step is to write the landlord/management company a written letter that details your position and references the provisions of the lease that you claim absolves you from those fees/charges. Give them a deadline to respond. If they do not resolve the matter with you, your next step is to... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: I signed my lease renewal and my leasing manager voided the document after I submitted it. What are my options?

I was sent my lease renewal documentation the week before my current lease's end (Sept 2nd). I signed the Docusign and submitted it electronically on the 25th. The next day, I received an email notice saying that the document was voided by my leasing manager due to "incorrect rental... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 28, 2021

If both the landlord and the tenant signed the lease renewal, it is a binding contract by which both parties to the lease must abide.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: In Virginia, can a landlord file an unlawful detainer in another county other than where property is located?

Landlord lives in a different county from where rental property is located.

F. Paul Maloof
F. Paul Maloof answered on Aug 27, 2021

In Virginia, the jurisdiction over the rental property lies in the city/county in which the property is located according to the Code of Virginia.

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Virginia on
Q: How to vacate a judgement in circuit court in Virginia as I was not served
F. Paul Maloof
F. Paul Maloof answered on Aug 26, 2021

The procedure in Circuit Court in Virginia is to file a Motion to Vacate/Set Aside the Default Judgment that was entered against you. You have the burden of proof to persuade the Judge that you were not living at the address at which the service of the process was allegedly made on the date the... Read more »

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