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Virginia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can i have a tenant assessment removed from record?

The lawyers made an agreement( without my consent) and case was dismissed but still shows up on record keeping me from getting another place to rent Actually a Tenants Assertion...

GV23007008-

AM

Case

Dismissed

Tenant's

Assertion

Maria T Patente
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answered on Feb 16, 2024

Your terminology "tenant assessment" does not have meaning in Virginia. Do you mean an Unlawful Detainer? If you had an unlawful detainer that was dismissed, then you had a good outcome. You can file for expungement of a dismissed unlawful detainer 30 days after the date of dismissal.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I rented a room from a friend,he kicked me out, no warning,his gf kept all my belongings what can I do to get it back?

I lived with him for 6months paid rent on time 2 months ahead actually. One day he tells me get out I was hospitalized due to my health and now his gf refuses to give me all my stuff she kept what she wanted and gave me a basket of trash and clothes random things. I just want my things.

Maria T Patente
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answered on Feb 11, 2024

I'm sorry this happened to you. If you lived in Virginia, it sounds like you have been "Unlawfully Excluded" from your residence, which is unlawful under Section 55.1-1243.1 of the Code of Virginia. If a judge finds that you have been unlawfully excluded, the judge can award you... View More

3 Answers | Asked in Criminal Law, Landlord - Tenant and Civil Litigation for Virginia on
Q: What do I need to do when a past tenet takes me with a warrent in detinue for belonging that wasn't left on the property

I received a warrant in detinue from a past tenant for belongings that wasn't left on the property

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 7, 2024

A Warrant in Detinue is a pleading used in a Virginia General District Court or small claims court to recover specific personal property, or the value thereof. The Plaintiff has the burden of proving title and that such specific property in the possession or control of the Defendant, or was... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Mh roommates rental lease doesn’t say I can’t sublease and they never answered my call on it when I asked them twice.

If they’re not answering can I just sublease my part of the lease?

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

It is my understanding that in Virginia, the right to sublease is not automatically granted to tenants. Whether or not a tenant is allowed to sublet depends on the terms of their lease. For a comprehensive understanding and legal interpretation of these provisions, it is advisable to consult with... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: I pay rent with someone since on lease but don’t live there and the company took echeck option off without telling me

Do I have to pay the convenience fee since I was never told? I also don’t have any keys just to make sure that my roommate doesn’t have someone else live in there while I’m paying half her rent until she finds someone, can I legally get keys? I want to get out of this lease it’s a... View More

T. Augustus Claus
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answered on Jan 4, 2024

It's essential to carefully review the terms of your lease agreement to understand your rights and obligations. If the lease allows for joint payments or specifies a method for rent payment, you may need to adhere to those terms. However, if there have been changes to payment options without... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord raise my rent and change the dates of the contract?

My 1-year contract ended at the end of September 2023. I spoke with my landlord in July about renewing (I brought it up). She said she would love for me to renew for another year and never mentioned any changes to the contract. In September, I hadn't heard anything more about the contract, so... View More

T. Augustus Claus
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answered on Jan 3, 2024

In Virginia, a landlord generally has the right to increase rent upon providing proper notice, usually 30 days before the end of the rental period. However, the specific terms and conditions regarding rent increases and lease renewals should be outlined in the original lease agreement. If your... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My niece by marriage moved out a week ago but left her belongings in my home what should I do

She stayed in my home and never paid any rent

James L. Arrasmith
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answered on Dec 8, 2023

In such a situation, it's important to handle your niece's belongings with care and legality. Firstly, communicate with her, preferably in writing, to request she collects her belongings by a specific date. Give a reasonable time frame, considering her circumstances.

If she...
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1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for Virginia on
Q: Two bro own house . One lives in house, one at the lake Can lake bro come in home whenever no notice Can I trespass him.

Property was inherited from deceased parents. Older bro lives in house, gets his mail there and pays all house hold bills from home. The small bro lives elsewhere for years bu shows up and uses his childhoid key to come in house unannounced and uninvited. The last time he did this we called the... View More

Richard Sternberg
Richard Sternberg
answered on Dec 2, 2023

If one brother wishes exclusive use of the house, then he needs to buy the other brother’s half. Merely paying the bills doesn’t change that both brothers own it. Both brothers may use the undivided whole house. I know of no requirement for notice unless there is a lease in place giving... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord deduct for carpet cleaning fees when I have provided a receipt that proves I already had the service done

Carpet cleaning was required in my lease as a part of move out. The landlords and property manager did not provide a recommended cleaner when they reminded us to have the carpets cleaned before move-out, so I contracted one myself. During the in-person move out inspection, I informed the landlord... View More

James L. Arrasmith
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answered on Nov 13, 2023

In Virginia, if your lease required carpet cleaning and you've complied by hiring a professional service, the landlord should not typically deduct additional carpet cleaning fees from your security deposit, especially if you provided a receipt.

The key here is whether the carpet was...
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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: What is the best way to make an occupant leave your home permanently? Can it be done in 30 days?
Richard Sternberg
Richard Sternberg
answered on Nov 1, 2023

You are missing a few facts, and, without the facts, any answer can't get any better than raging, bleeding malpractice. Further, revealing the facts in an open, Internet forum can be a raging disaster, potentially rising to the point that anything you tell the lawyer related to the facts you... View More

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1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Virginia on
Q: In Va can a landlord evict a person for marijuana on the property
Maria T Patente
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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

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Did the recent updates to the VA Landlord and Tenant Act increase time limits for security deposit returns?

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

Ross Cameron Hart
Ross Cameron Hart
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...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I sue my apartment for not fixing AC for over a year. Causing financial and emotional harm.

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

Ross Cameron Hart
Ross Cameron Hart
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

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What happens if a landlord fails to give you an itemized deduction list in the 45 day period?

Received on the 47 day mark for 2200 additional dollars past security deposit

T. Augustus Claus
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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

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Rental application and lease discrepancy in rent amount? Is the rental app legally binding?

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.

T. Augustus Claus
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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

2 Answers | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for Virginia on
Q: An estate is trying to evict us. The owner died but we paid him a cash towards the property with verbal agreement.

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

Richard Sternberg
Richard Sternberg
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

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2 Answers | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for Virginia on
Q: An estate is trying to evict us. The owner died but we paid him a cash towards the property with verbal agreement.

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

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jun 20, 2023

The wording of your description of the circumstances is not clear. Contracts can be verbal or implied through action. Verbal contracts can be written or oral. A trailer may be personal property or it may be part of real estate if attached and the title is changed. An estate acts through the... View More

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I have rented 2 apartments and started doing Airbnb on them. Lease doesn't allow sublease. Penalty?

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can my Landlord evict me after finding out that were are paying the court instead of to him?

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?

Derek Allen Colvin
Derek Allen Colvin
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

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I have a legal question about someone vacating my residence

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

Maria T Patente
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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

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