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Virginia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord discuss a commercial tenants information?

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.

F. Paul Maloof
F. Paul Maloof answered on Jan 14, 2022

Privacy information of anyone is generally covered by the privacy laws. Public information, such as an eviction, is generally available to everyone so it probably is not covered by the privacy laws.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I take my previous roommate to small claims court, for failure to pay the remainder of our rent?

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 »

F. Paul Maloof
F. Paul Maloof answered on Jan 11, 2022

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 »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My car was damaged beyond repair in my apartment assigned parking lot. Is the landlord liable for damages..

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.

F. Paul Maloof
F. Paul Maloof answered on Jan 10, 2022

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.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Landlord - Tenant for Virginia on
Q: How should I proceed to ensure I am not being put out empty handed or because of a lie?

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 »

Tim Akpinar
Tim Akpinar answered on Dec 25, 2021

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 »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Daughter was able to sign a lease with my landlord

Will I Was away taking care or father-in-law and my daughter was granted possession of my house. What can I do.

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

You can bring a lawsuit in the General District Court for the jurisdiction in which the premises is located and seek the return of the possession based on a breach of your lease with the landlord.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord got a writ of possession without me receiving with a notice and lied (proved) to obtain unlawful detainer?

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 »

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

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 »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My boss is my landlord we had a verbal agreement, my husband passed away and the very next day my landlord change the

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

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

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.

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What if anything can I do about my landlord not maintaining the driveway? It is in a mobile home lot where his brother

Is responsible for half the road. And the man I pay rent to says I need to go to his brother. Whom I do not rent my lot from?

F. Paul Maloof
F. Paul Maloof answered on Dec 5, 2021

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.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: No written agreement, pay faithfully, almost uninhabitable conditions, still being threatened with eviction.

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 »

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

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.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: : What happens if your landlord does not renew your lease and you do not move out on that date
Steven Krieger
Steven Krieger answered on Nov 28, 2021

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 »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord have you move in 10days if you don't have a lease

Went to court for first time and they said I have 10days to move can that really happen

F. Paul Maloof
F. Paul Maloof answered on Nov 22, 2021

In Virginia, in a situation when the Landlord has filed an Unlawful Detainer, which seeks possession of the premises by Court Order, and the Judge rules that the Landlord has the right to possession of the premises, there is a 10 day period to file and appeal and post a monetary bond for the case... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Hello,I am a tenant and I was served a garnishment summons from court beacause of a debt that my landlord owned

It is the second time and the first time she paid it herself and this time I have a court hearing set for December but my lease is ending on November and am moving out but since I have no knowledge I did not withhold any amount from the rent of the one last month before my lease termination and... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 15, 2021

A Garnishment Summons is an Order/Command by the Court for the person who is the Garnishee and was served with the Garnishment to withhold funds or appear in Court to answer to the Judge. If an answer is not filed or an appearance not made, the Garnishee will be held in Contempt of Court.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What does a "Non-Judgement" mean on a unlawful detainer in Virginia?

I meant to say "NON-SUIT"

F. Paul Maloof
F. Paul Maloof answered on Nov 10, 2021

Pursuant to the Code of Virginia.

§ 8.01-380. Dismissal of action by nonsuit; fees and costs.

A. A party shall not be allowed to suffer a nonsuit as to any cause of action or claim, or any other party to the proceeding, unless he does so before a motion to strike the evidence has...
Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Does the Virginia Residential Landlord and Tenant Act pertain to all residential landlords?

What factors determine whether or not a residential landlord falls under the purview of the Virginia Residential Landlord and Tenant Act? Is it the amount of rental units owned or are there other factors that apply? If I own three single family dwellings would I be subject to the VRLTA?

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

The applicable Virginia Code section is: § 55.1-1201. Applicability of chapter; local authority.

The key provision that addresses your question is, as it uses "all.....dwelling units...":

B. The provisions of this chapter shall apply to occupancy in all single-family and...
Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for Virginia on
Q: What can I do about the very complicated situation with my mother? After paying $700/ a month for 2 years.

Recently, my dad passed away. So my fiance, my teenage son and I moved from NC to VA to move in with my mother because she said she would have to sell the house if we didn't. For 2 years we have given her double her mortgage in rent, all of the upkeep, and several big jobs for her with no... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 25, 2021

You reported facts sound more like a domestic relations issue, which I do not handle, then a landlord-tenant matter. You should seek advice from a domestic relations attorney. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I served tenant a 30 day non-remedial breach for violations, am I entitled to remaining rent due on entire lease? Sect 8

Rented to sect. 8 tenant. Tenant violated rental agreement: damaged property, didn't carry renters insurance, pest control as required, late fees (rent late each month), spouse residing in property but not on lease and failure to maintain yard. Sherriff served notice.Tenant said they moving... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 22, 2021

I do not handle Section 8 matters. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: When does the time start on a 30 Day Notice for termination of a month to month tenancy ?

Does the 30 days start from the time the letter is signed for (in the case of a certified letter) regardless of the deadline noted in the letter? Landlord made the deadline to vacate 30 days from the date he wrote the letter. Not allowing for the time it takes to arrive by mail and going to the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

§ 55.1-1253. Periodic tenancy; holdover remedies.

A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a...
Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: 30 day notice to vacate. Not allowing 30 days prior to the next rent due date.

My landlord sent a certified letter that stated in the heading "30 Eviction Notice" (he left out the word day) dated 09/17/2021. In the body he states "You are hereby notified that your lease terminated on Nov. 30 2019. This letter serves as your thirty day notice of termination of... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

With regard to a month-to-month tenancy, either the landlord or the tenant can give a 30 day written notice, according to the Code of Virginia, by giving the other party a written notice for the termination of the tenancy no later than the last day of the month before the termination date. For... Read more »

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.

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