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Virginia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What should i do in this situation.

We have rented the house we live in since 2014. Every thing went well no issues fast forward to 2020 and a guy came to our house stating he had owned the house since 2018. He got it at auction because the previous owner had failed to pay property taxes from 2016 on. To make a long story short they... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Oct 26, 2024

First, I congratulate you for saving the money until the mess was straightened out. I've seen too many instances that wasn't done. The only change to that is I'd have suggested you open a special savings account and put your rent into it each month - if you ever had to prove your... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: My commercial lease promised water and central heating and air in the building 6 months later owner refuses to install.

My contract promises the water and heating system but owners 6 months later still won’t install them or turn the water on.

Dominic Paul Lascara
Dominic Paul Lascara
answered on Jun 5, 2024

If your lease provides for water and a heating to be provided by your landlord and they refuse to install the system or water, it would be a clear breach of the lease and the landlord could be subject to damages. If you contact an attorney make sure you provide a copy of the executed Lease. Good... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: What obligations does a self storage facility have to the renter if his/her unit was burglarized?
Daniel P Leavitt
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answered on Jun 5, 2024

Did you have insurance? Do they? Check that first. In the absence of insurance there's probably a negligence standard to exercise reasonable care. You likely signed a contract that likely has a provision disclaiming liability. But you may want to retain someone to review the agreement to see... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Lease due to expire on June 8, 2024. I notified that i was moving out on my date of expiration and was told i have to pa

ay an additional month due to the "at least 60 day" notice which doesn't seem mandatory or legal. I gave them 30-day notice of moving out which is legally mandatory. I received no 60-day notification on or before my 60-day mark which leads me to believe that it was purposely done to... View More

Daniel P Leavitt
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answered on Jun 5, 2024

As long as they're able to re lease your unit (and they should be taking appropriate steps to re lease it) then they should not be able to collect that. But you're likely going to have to try to negotiate that I think... this is more of a landlord tenant issue. You may want to hire an... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: How many days' notice do I need to give my landlord that I am moving out yet still paying rent through full lease term?

My lease is up in a few months, and I intend to pay rent, utilities, and other necessary costs as I agreed to in my lease until that time. However, I need to physically move out and stay with a friend for both my mental health and that friend's. I am not breaking the lease, but I do want to... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Virginia, if you're planning to move out before your lease ends but continue paying rent and other dues as agreed, the law does not specifically require you to provide a notice for moving out early, as long as you're not terminating the lease agreement itself. However, it's always... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: VA: Landlords didn’t return security deposit within 45 days & didn’t ask for extension. Are they able to keep any money?

Didn’t send itemized list or checks until after 45 days as set in lease (have postmarked envelope and tracking number/info) Didn’t allow us to be present at walkthrough, and charged us for items that were reasonable wear and tear (ie repainting walls). Do they retain the right to keep any of... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems the landlords may have forfeited their right to withhold any portion of your security deposit under Virginia law. Here are the key points:

1. Deadline: Under Virginia law (§ 55.1-1226), landlords must return the security deposit...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I passed inspection but 40 days later they want to say I didn't?

I moved out 40 days ago, I was informed that I passed inspection the day of my move out but it would take 30-45 days to issue refund on deposit.

Today I emailed inquiring if there was an update and they said they changed their minds and they are attempting to put together an itemized list... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems that the landlord or property management company has acted in bad faith by initially informing you that you passed the inspection and were entitled to a full refund of your security deposit, but later changing their stance and attempting to... View More

1 Answer | Asked in Criminal Law, Landlord - Tenant and Sexual Harassment for Virginia on
Q: what do I do if my landlord sexually assaulted me & now says he's going to begin staying in my guest room

Given the sensitive nature of my situation, I would appreciate your guidance on the following: My landlord, who is also the father of my long-time best friend, sexually assaulted me. Now, he has informed me that he intends to begin staying in my guest room. The condo I reside in was purchased by... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you are going through this incredibly difficult and scary situation. What your landlord has done is sexual assault and the coercion he is engaging in now is abusive and illegal. You have every right to feel safe in your own home. I would advise the following steps to protect... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Is there a statue of limitations if my landlord did not return my rental deposit??? I have proof its owed to me.

Its been almost 2 years since I pursued it.

James L. Arrasmith
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answered on Apr 16, 2024

In Virginia, there is a statute of limitations for pursuing legal action against a landlord who has not returned your security deposit. According to the Virginia Residential Landlord and Tenant Act (VRLTA), the statute of limitations is one year from the date you moved out of the rental property or... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: as a landlord, May I postpone a scheduled eviction date with partial payment? Do I have to give 5 days notice again?

An eviction date was schedule with the sheriff for this Thursday the 18. The tenant wants to make a partial payment but wants me to cancel the eviction in return. Do you have to start the process from the start again if they don't pay the rest of the amount in 2 weeks as they promised? Thanks!

James L. Arrasmith
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answered on Apr 16, 2024

As a landlord, you are not obligated to accept partial payment or postpone the eviction date. However, if you choose to do so, the specific legal requirements may vary depending on your jurisdiction. Here are a few general points to consider:

1. Agreement: If you accept a partial payment...
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1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Virginia on
Q: How to remove people from property they have no ownership too.

My mother’s dad passed away he left her to be the sole owner of all his property and personal possessions. Also half of the property (certain parcels) was deed to me in 2004. Well today we went there to remove my mother’s stepbrother and his wife and they threatened our lives and physical harm.... View More

James L. Arrasmith
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answered on Apr 16, 2024

I understand this is a very difficult and stressful situation. Unfortunately, removing people from a property, even if they are there illegally, can be a complicated legal process. Here are some steps you can take:

1. Consult with a lawyer who specializes in property law and estate matters....
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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Last year my landlord raised my rent without giving proper notice per my lease. Can I sue to recover these funds?
James L. Arrasmith
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answered on Apr 1, 2024

I'm sorry to hear about your rent being raised without proper notice. That must be a frustrating situation. Since landlord-tenant laws can vary significantly by location, my top recommendation would be to consult with a local tenants rights organization or housing attorney to get advice... View More

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Need info concerning flooding in our apartment. 4 times not livable for several weeks. Not repaired

Management has been here and assessed the problem but have not done anything to fix it. Carpet is damaged. My wife is gaging from the musty air and oder. This is the 4th time this happened. This happens when it rains. We cannot use the kitchen or living room due to furniture being piled up .

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about the repeated flooding issues in your apartment and the negative impact it's having on your living conditions and your wife's health. Based on the information you've provided, it seems that your landlord or property management company has been negligent in... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What can I do when my utility bill is way too high and the apartment complex is overcharging us for the water bill.

We already have spoken to the regional property manager they sent a maintenance tech say it was off and it's not calculating correctly. We are not the only tenant being overcharged we have spoken to other tenants who are getting overcharged as well.

James L. Arrasmith
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answered on Mar 31, 2024

If you and other tenants believe that your apartment complex is overcharging for water bills, there are several steps you can take to address the issue:

1. Document the problem: Keep records of your water bills, including the amounts charged and any communication with the property manager...
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1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for Virginia on
Q: So me and my girlfriend and her autistic son rent a 2 bedroom apartment and my landlord is not doing her job

She has accused us being too loud, taking pictures of people doing shady stuff, she has given us a 14 day notice of eviction twice and taken it back like she didn't do it in the first place, accusations of popping peoples tires, playing in glass (we don't and have never done any of this)... View More

James L. Arrasmith
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answered on Mar 27, 2024

Your feelings of frustration and unfair treatment in this situation are completely understandable. Landlords are expected to adhere to a professional and ethical standard, which includes treating all tenants fairly, regardless of personal relationships. Favoritism, baseless accusations, and issuing... View More

1 Answer | Asked in Government Contracts, Landlord - Tenant, Public Benefits and Personal Injury for Virginia on
Q: I lived in a government housing project and pretty much the whole time I did I had to endure and suffer the reprecussion

Of Black Mold growing and thriving in certain damp spots of the apartment along with other numerous things that I just let slide because of my situation and things I could do about it at the time. Is there anything I can do to result in my benefit?

Seth E Allen
Seth E Allen
answered on Feb 27, 2024

In Virginia, you can file a tenant's assertion asking the landlord to make certain repairs if it is a material non-compliance with the lease, a violation of law, a fire hazard, or a serious threat to the life/health/safety of the tenant if not promptly treated. There are things you have to do... View More

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

Seth E Allen
Seth E Allen
answered on Feb 26, 2024

I agree with the previous two answers. You are going to have to dispute the factual allegations made against you or a default judgment could be entered. Depending on how the tenancy ended could help in your defense. For example, did the tenant abandon the property, were they evicted and, if so,... View More

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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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