In Virginia, only a judge has the authority and the power to award attorney's fees that would be made part of an Order and/or a Judgment.
In all contract matters, including a residential lease, the landlord or its agent, such as the property management, can require that the tenant will be for the landlord's attorney's fees if there is a dispute or otherwise.
No. If you're an owner, the co-owner cannot evict you (and you cannot evict the co-owner either). If you decide to hire an attorney to assist, I'm sure anyone who responds would be happy to help.
The building has changed management companies in March and we have noticed these recurring monthly charges for "BH Liability" & "Monthly Trash".
There is nothing in our lease that talks about a $12 liability charge. We are required by lease to have our own renters... Read more »
In Virginia, a lease is a contract that cannot be modified by a unilateral act by one party, unless all parties to the lease agree in writing to the modifications, which would include additional charges that were not contained in the original lease.
The state's website, www.courts.state.va.us provides info on cases held in general district courts in every city/county in VA. I used the info to deny a rental application based on unlawful detainers found under his name within the last 5 years, where the plaintiffs, (NOT the applicant!) were... Read more »
If the denial of the tenant's application is based on facts and not on discrimination, then you are allowed to assert a denial.
"statements or communication, which defames the owner, employee, or management of rental unit... may be subject to action for defamation by person who suffers injury or loss as a result of defamatory statement."
The First Amendment to the U.S. Constitution gives every American the right of freedom of speech, which is an indispensable asset to American democracy. The right to express a unique point of view allows every American to exchange new ideas and to hear different interpretations of the truth. A... Read more »
Me and my roommates moved in on Friday April 16. Our landlord has not given us house keys and says he will not until the second month. I’m not sure about the laws but I feel like that is illegal. Our lease says we cannot change the locks without permission from the landlord and he will not give... Read more »
Under the Virginia Code, the Landlord has a duty to maintain the premises in a fit condition. If there is no AC and there is a major plumbing leak, 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... Read more »
A landlord has the right to not agree to renew a lease. This is a contractual relationship and not a civil rights matter, unless the refusal is based on some issue of discrimination. .
Over the course of two years while staying at Southern Stove Lofts, there have been several Material Non-Compliance notices filed against myself and roommates. Each time, we collect our money order receipts and bring them to the leasing office to prove that we did in fact pay rent. To which they... Read more »
The party (you in this matter) who files the claim in court has the burden of proof to persuade the judge by a preponderance of the evidence that your claim is valid, based on Virginia law and what the landlord did is a violation of Virginia law. Without knowing your matter or what evidence and... Read more »
Arguably, no notice is required if there was never a tenancy created, but to be safe, you could give a 30 day notice and then if they don't leave, you could file with the court. The eviction process is a bit complicated due to covid, so if you decide to hire a lawyer, I'm sure anyone who... Read more »
The lease expires on August 31, 2021, but the remaining tenant would like a new lease effective August 1, 2021, with the roommate's name removed from the lease and the locks changed immediately. According to the remaining tenant, he has attempted to contact the roommate numerous times over the... Read more »
1. Property that is left in the premises by a tenant who has vacated the premises is considered to be abandoned, and can be disposed of in a reasonable way.
2. If the landlord and the tenant agree to a written renewal of the lease before the end of the term, then it is a novation and is... Read more »
To the best of my knowledge and belief, there is nothing in the Code of Virginia that gives the landlord a right to prohibit the use of flushable wipes and there is nothing in the Code of Virginia that restricts the landlord to forbid same. This prohibition may be made part of the written lease... Read more »
You have to provide notice and then give them a chance to cure by paying. If they don't and if they don't apply for rental assistance then you can file with the court. I'd strongly encourage you to hire a lawyer to assist with the eviction process because it has been more difficult... Read more »
Our 12 month lease expires tomorrow, but requires 60 days of notice to terminate or goes month-to-month. We found a new place and gave notice to our current landlord on 5/26 that we were leaving. We acknowledged that it was not 60 days and asked if there was anything we could do to shorten that... Read more »
Given your reported facts that you gave written 60 day notice on 5/26/2021 that you would vacate the premises within 60 days and that the premises was vacated by you sometime after 5/26/2021, and the landlord re-let the premises to begin on 7/23/2021, the landlord has, by his/her conduct, has... Read more »
When I requested to terminate my lease early, my property manager emailed me stating "The landlord has agreed to release you from your lease upon the following conditions.
1. *60 day notice, and provided at the time of said notice there is not a rental waiting list at the apartment... Read more »
If you requested and received those conditions in writing and then your landlord signed a written release at the time the conditions were fulfilled, you have a novation to prove that your were released from further rent. If you do not have a signed agreement and a signed release, you may have the... Read more »
He threatened to raise my rent if I quit him
There are two relationships involved in your reported situation. One is the employer-employee relationship. The other is the landlord-tenant relationship. I will only address the landlord-tenant relationship because I do not handle employment law matters. If you have a written lease, the landlord... Read more »
I don’t have any pot in the apartment nor have we smoked in here can he evict us? we have also received complaints of our baby crying from our neighbors and we have been threatened to be evicted twice. my landlord claimed in writing that my neighbor said they smelled pot from our apartment but... Read more »
You should send a letter or an email to your landlord and dispute the claims that you were smoking pot in the premises. If the landlord brings a court action against you, the landlord has the burden of proof by a preponderance of the evidence in order to win his case. You can ask your neighbor to... Read more »
Is it legal for them to do that ? I specifically asked before leaving if I needed to be present for the inspection of my apartment and if everything was good (I had an automatic payment of my rent).
They told me I was all good and now 8 months later they ask me for a remaining balance of rent.
You should send an email back to the landlord and dispute the claim that you owe any additional rent. In Virginia, there is no specific law that addresses your issue. It may be that a Judge will have to decide the issue.
In Virginia, a landlord has no right to exclude a tenant from the premises during the lease term, even to show the premises to prospective tenants.
My fiancé & I moved out of the apartment we shared with his mother a year ago, we put our notice in & were notified that we would not be removed from the lease until his mother showed proof of income to sign her own lease so she went on a month to month because she was still making... Read more »
In Virginia, a month-to-month tenancy is terminable on a written 30 day advanced notice. If the tenant(s) gave the proper written notice, then the month-to-month tenancy would be terminated and there are no additional responsibilities for the tenant, including paying rent.
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