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 »
I provided evidence and was not required to pay for the alleged missing rent payments. But they still heard his case why can he file a civil suit based off a lie and still receive a writ of possession instead of the judge throwing the case out?and what can I do about this i appealed once and got... Read more »
In Virginia, when you appeal a case from General District Court, the matter before the Circuit Court is a trial de novo (new trial). If the Circuit Court entered a judgment against you at the conclusion of that trial, your only remedy would be to file an appeal with the Virginia Supreme Court. If...Read more »
locks on my apartment and I can't get in to get any of my belongings. He told me that he will only let me come in one time. I would have to have a pickup truck and I can only get my clothes I can't get anything else that is mine out of the apartment
In Virginia, a landlord is prohibited from using self-help to lockout and/or evict a tenant. You should contact the Office of Housing for the jurisdiction in which the premises is located and make a formal complaint.
In Virginia, the issue of maintenance of a driveway will depend on what is stated in the written residential lease. It should provide for whether the landlord or the tenant has the legal obligation for such maintenance.
I have a non-written verbal agreement with the owner, my father. There are years worth of texts to support the terms of the agreement, which included lease-to-own and owner finance option. I was desperate. So I moved in. I was not given an actual amount to pay so I figured just go to the bank that... Read more »
You have an oral agreement for the residential lease of the premises. It would behoove you to have an attorney to draft a written lease so that both the tenant and the landlord have a document to which they can look to for their rights and obligations.
The landlord could initiate the eviction proceedings against you. It would not happen immediately, but ultimately, the landlord could evict you simply because the lease expires. However, the landlord is not permitted to change the locks or do anything to diminish services pursuant to your lease and...Read more »
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