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Virginia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I've been renting for 10 years at my apartment complex in Virginia Beach with yearly lease renewal. Can the landlord sim

simply choose not to renew my contract because they want to renovate the apartment and leave me homeless?

F. Paul Maloof
F. Paul Maloof answered on Apr 11, 2021

The issue of who has the right to renew or not renew the lease must be contained in the lease. If the lease do not provide for an automatic renewal or a written renewal of the lease by the landlord, there is no requirement under the Code of Virginia that obligates the landlord to renew the lease,... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Landlord illegally entered apartment, but we have almost no proof

Yesterday our landlord tried to charge us for a second cat, stating that the maintenance team was in our apartment on Wednesday and saw a cat that was “less skittish” and they swore was a different cat. We were very adamant that we only have the one cat and that we’ve lived here for almost 2... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 9, 2021

You may want to consider filing a lawsuit against the Landlord for "abuse of access." THis Virginai Code section would be applicable.

§ 55.1-1210. Landlord and tenant remedies for abuse of access.

If the tenant refuses to allow lawful access, the landlord may obtain...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Is a landlord's failure to keep an in-unit washer & dryer in working order a violation of VRLTA § 55.1-1220?
F. Paul Maloof
F. Paul Maloof answered on Apr 8, 2021

The applicable VA Code Section is:

§ 55.1-1220. Landlord to maintain fit premises.

A. The landlord shall:

2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;

If keeping an in-unit washer and dryer repaired...
Read more »

1 Answer | Asked in Securities Law and Landlord - Tenant for Virginia on
Q: I live in an apartment complex. A neighbor recently installed video cameras. He installed not for security but to spy.

He had them facing are building and was told by management to face them in common area and that he could not have cameras on the outside. He took it down but hide it on his balcony in a wreath on that he hung on the storage closet door. He is using them to tattle on anyone walking their dog that... Read more »

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

If you feel strongly about this issue, you can bring a lawsuit against the neighbor in the court in which the premises is located.

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Virginia on
Q: Can I kick out a person renting a room from my home? No contract, violent tendencies, attempted suicide, current on ren
F. Paul Maloof
F. Paul Maloof answered on Apr 6, 2021

On March 29, 2021, the Centers for Disease Control (CDC) released an eviction moratorium order. It protects people from being evicted for not paying their rent if they complete a declaration form and give it to their landlord. This protection lasts until June 30, 2021.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: So even though it was an email and not a physical letter? And there isn’t 31 days in April. Only 30. So what about that?
F. Paul Maloof
F. Paul Maloof answered on Apr 1, 2021

Email is considered by the courts as written notice, especially if the lease provides for such notices to be sent by email. As long as the date of the notice was the day before the ;last day of the month, the termination date the the last day of the following month.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: My old landlord sold my house I’m living in to a rental company in February but my lease didn’t expire until March 31st

I was told I had to pay the new rental company March rent since they now own the house. However, the new rental company sent me an email saying I have 30 days to vacate because they are not renewing my lease. They said I have until April 31st to move out completely. Since my lease ended March 31st... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 1, 2021

In Virginia, the owner/landlord of a property which is rented to a tenant has the right to sell the property to another party. The new owner is obligated to respect the current lease until the lease term ends. Based on what you stated, your lease's term ended on March 31, 2021 and the lease... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can my landlord hold me responsible for paying rent until a replacement tenant is found?

specifically, asking after a fixed term lease is up, not when leaving a lease early.

F. Paul Maloof
F. Paul Maloof answered on Mar 29, 2021

If the lease you have is a written one year term lease that was not renewed, then by operation of law in Virginia, the lease become a month-to-month tenancy. The month-to-month tenancy may be terminated by either the tenant or the landlord by giving the other party a written 30 day notice in the... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Hi my landlord passed away three weeks - he had no will and him and his wife were estranged (I have never met his wife)

His handyman is advising I continue to send money in P.O. Box - no one has came to my home to advise me of anything and no one can help - should I continue to send payments via P.O. Box or put money in a bank escrow account there is no information in my lease concerning Steps to take if he is... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 29, 2021

Based on the facts you reported, it is a clear risk to send your rent payment to a PO Box without some written clarification from the next of kin of the decedent. You may want to send a letter to that PO Box and request the person who rents that PO Box to contact you to discuss the situation.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Landlord is selling his house, what kind of notice is he required to give me?

Giving no notice from landlord about putting hishouse on the market. Is he required to give me a lease stating that we are on month to month lease

F. Paul Maloof
F. Paul Maloof answered on Mar 26, 2021

In Virginia, there is no notice required to be given by the Landlord to the tenant when the premises is placed up for sale because the new owner is required to assume the existing lease as well as recognize the rights of the existing tenant.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: In Virginia, my tenant has given proper notice to vacate, but refuses to pay final month’s rent.

She wants me to use the security deposit instead, which gives her no incentive to clean the apartment etc. upon leaving. I’m fairly certain the security deposit will not cover the cleaning, damages, and back rent, and since she will not provide a forwarding address, I feel I am without options.... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 24, 2021

In Virginia, the tenant's security deposit is not permitted to be used for the rent, whether it is the last month's payment or another month's payment. If the tenant has not paid this month's rent, you need to follow the proper procedures of giving a notice to pay or quit and... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I need to ask a question

Do i still have to pay rent if accident Happened in my house

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

There is no provision in the laws of Virginia that permits a tenant to not pay the rent if there is an accident in the premises.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What specific legal article allows a tenant to remain until their lease expires when the Landlord sells the property?

My Landlord intends to sell the property that which I am a tenant, however, my lease does not end for another six months. I've heard and read from multiple sources that the Landlord cannot, nor the new owner of the property (when sold), kick me out until my lease expires, but I cannot find... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 16, 2021

Your rights are based on the lease contract to remain in the premises until the end of the lease term, no matter if the premises is sold to another party.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What are my options in VA should my tenant move out and stop paying rent even though the early term. agmt. requires them

to pay the monthly until I have secured another tenant or until the lease terminates? (I have the place listed on the open market for rent.)

F. Paul Maloof
F. Paul Maloof answered on Mar 16, 2021

You halve the right to file a Warrant in Debt for the full amount of the rent until the end of the Term and then when you are about to be awarded a judgment, you tell the Judge that you want to amend the balanced old down to the date you are before the Court.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: If you have a deed that is joint tenants with the right of survivorship can a will void that?
F. Paul Maloof
F. Paul Maloof answered on Mar 13, 2021

The survivor of the joint tenants as set forth in the deed will become the sole title owner of the property by operation of law on the death of the other joint tenant no matter what the decedent's will provides otherwise.

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Person was evicted from my home but he has given all of his property to his girlfriend living with me. What can I do?

This man was just evicted from my home but he left all of his belongings with his girlfriend who still lives as my house. She states I can't get rid of it though because it now belongs to her. These belongings now take up 3 of my rooms and I can't take it anymore. Please help!

Steven Krieger
Steven Krieger answered on Mar 8, 2021

If you're not able to resolve the issue with the girlfriend or former tenant, you may have to evict the girlfriend as well. I'm sure anyone who responds would be happy to help. Good luck.

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: What are my rights for peaceful enjoyment in VA in regards to the amount of parting at my apt complex?

I live at an apartment complex and every weekend the amount of partying is unimaginable. Sometimes our building will shake, you can hear the music from three buildings over, people ring our doorbell and our neighbors throughout the night, people are yelling in the courtyard, and more. We have even... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 7, 2021

In Virginia, the "covenant of quiet enjoyment" exists between the landlord and the tenant. There is no similar covenant between tenants living in the same building. In addition, I have never heard of and think there is no such right to peaceful enjoyment between tenants of a premises in Virginia.

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Hi, Homeowner here. I rented a room with a lease that states it's a 3 month minimum/based month to month/share space.

I gave the person a 30 day notice to vacate and now that person has stated that they're not leaving. What are my options for having them removed? It's a simple lease with the basic message that terms are based on a month to month sign agreement. Also, in the 30 day notice I mentioned... Read more »

Steven Krieger
Steven Krieger answered on Mar 2, 2021

You'd have to evict the person if they do not vacate at the end of the 30 day period. The police will not likely do anything in a landlord-tenant dispute. If you decide to hire a lawyer to help, I'm sure anyone who responds would be happy to help with the eviction. Good luck.

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Hello I am wondering what my tenant rights are I haven’t had heat for 3 weeks landlord has yet to fix the problem

The emergency heat temp hasn’t exceeded 58 degrees during one of the coldest months and has left me no choice but to have to seek a new living arrangement

Steven Krieger
Steven Krieger answered on Feb 28, 2021

You have a reasonable argument that you have been constructively evicted -- essentially forced to leave the property due to the conditions. I say reasonable b/c 58 degrees is some heat, but obviously not an ideal amount. If you can document the lack of heat and corresponding temperatures, in case... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Im going to be homeless because people will not leave my mobile home for me to live there.

My mother owned a mobile home in moneta, va. She passed away on December 5 of 2020. I have all legal documentation proving my control of her assets, her power of attorney and where the mobile home is titled in my name and my name only. The people residing in the mobile home paid my mother weekly... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 27, 2021

You can file an Unlawful Detainer in Court and ask the Judge for an award of the rent arrearage and for possession. You may have to wait, however, to evict them, if they do not voluntarily move out, as a result of the CDC moratorium on evictions.

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