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Virginia Landlord - Tenant Questions & Answers
2 Answers
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Civil Litigation, Estate Planning, Landlord - Tenant and Real Estate Law
for
Virginia
on
Q: What legal actions can the trustee take against Animal Control for ignoring trust ownership in a civil forfeiture trial?
I need guidance on legal actions the trustee of a trust can take against Animal Control following a civil forfeiture trial. The accused, Mr. Radcliff, who is a tenant, was deemed the owner of animals by the court, despite the existence of a trust that owns the animals. Mr. Radcliff, who is the... View More 
Richard Sternberg
answered on Jul 12, 2025
answered on Jul 12, 2025
Sounds like a complex defense that probably gets resolved on appeal with a well-drafted brief. Of course, the trust has actual notice of the proceedings, since Mr. Radcliff is settlor, trustee, and beneficiary, and he presumably has notice compliant with the law. The technicality of service might,... View More
Q: Full month's rent charged for partial lease month in July 2025. Is it legal?
I signed a lease from July 22, 2024, to July 15, 2025. The lease agreement clearly specifies the start and end dates. I paid a prorated 1/3 of a month's rent for July 2024, but now I am being charged a full month's rent for July 2025, despite the lease only lasting half the month. The... View More
Dominic Paul Lascara
answered on Jun 30, 2025
answered on Jun 30, 2025
It's not a question of legal or illegal, but does the Lease allow for the full monthly payment. You state that the lease ends on July 15, 2025, but later in your question you state that the lease in silent on July 2025. I assume you are saying the lease does not mention prorations in July... View More
3 Answers
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Contracts, Divorce, Landlord - Tenant, Family Law and Real Estate Law
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Virginia
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Q: My daughter-in-law drives my car. We're separating, and she thinks she can keep it. What are my rights?
I own a vehicle that my daughter-in-law drives. It is registered in my name, and I am responsible for the loan and all related fees. We added her to our insurance policy so that she and my son could have a safe vehicle for our grandchildren. Now they are separating, and she believes she is entitled... View More
Richard Sternberg
answered on May 28, 2025
answered on May 28, 2025
You probably should consult with your son's legal counsel. A court is likely to give your son the responsibility to pay the loan and the insurance and satisfy all obligations to you, so that his children can be safely transported, but I don't think the court will have jurisdiction to... View More
3 Answers
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in
Contracts, Divorce, Landlord - Tenant, Family Law and Real Estate Law
for
Virginia
on
Q: My daughter-in-law drives my car. We're separating, and she thinks she can keep it. What are my rights?
I own a vehicle that my daughter-in-law drives. It is registered in my name, and I am responsible for the loan and all related fees. We added her to our insurance policy so that she and my son could have a safe vehicle for our grandchildren. Now they are separating, and she believes she is entitled... View More
Dominic Paul Lascara
answered on May 29, 2025
answered on May 29, 2025
Based on the information you provided, it is your car and your daughter in law has no rights to the vehicle. You have to right to gain immediate possession of the vehicle, without notice. If you DIL fails to return the vehicle or prevents you from retrieving the vehicle, you may have to resort to... View More
3 Answers
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in
Animal / Dog Law, Landlord - Tenant, Personal Injury, Insurance Defense and Real Estate Law
for
Virginia
on
Q: Can I pursue action against a landlord for tenant's dangerous dogs?
I've experienced significant issues with dangerous dogs belonging to tenants of my landlord. Despite complaining, the landlord hasn't taken action beyond stating that the tenants aren't supposed to have dogs. The dogs have come onto my property, attacking my pets and nearly killing... View More
Ross Cameron Hart
answered on May 13, 2025
answered on May 13, 2025
Without knowing more, I doubt that any action against the landlord would be successful.
I'm assuming the property is in Virginia and subject to the Virginia landlord tenant act. That act requires that the landlord give the tenant notice to remove the dogs - and then the tenant... View More
3 Answers
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in
Animal / Dog Law, Landlord - Tenant, Personal Injury, Insurance Defense and Real Estate Law
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Virginia
on
Q: Can I pursue action against a landlord for tenant's dangerous dogs?
I've experienced significant issues with dangerous dogs belonging to tenants of my landlord. Despite complaining, the landlord hasn't taken action beyond stating that the tenants aren't supposed to have dogs. The dogs have come onto my property, attacking my pets and nearly killing... View More
Jan F Hoen
answered on May 12, 2025
answered on May 12, 2025
Dogs are considered personal property. It is only when a person is injured that there can be a recovery for non-economic damages. You can only recover from the landlord if their homeowners’ policy liability coverage applies to the dogs. You can try sending a letter outlining your damages and the... View More
Q: Can we sue property management for negligence after flood in VA?
Do my roommates and I have grounds to sue our property management company for negligence in Richmond, VA? The company neglected multiple maintenance requests, including a storm drain leak that led to our basement flooding. Despite notifying them immediately, they delayed repairs, allowing the leak... View More
Amy McMullen Harber
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answered on Feb 27, 2025
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answered on Feb 27, 2025
Suing is an option available to you if you can establish negligence or breach of contract, but there are other options as well - including filing insurance claims with either your renters’ insurance or the complex’s insurance carrier. I would recommend consulting with an attorney about the best... View More
3 Answers
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Landlord - Tenant, Real Estate Law, Tax Law and Estate Planning
for
Virginia
on
Q: If I want to buy a property in Virginia to rent out, do I need a Virginia LLC or am I ok with a Wyoming or Delaware LLC?
Richard Sternberg
answered on Feb 10, 2025
answered on Feb 10, 2025
If you open a foreign LLC to do business in Virginia by owning and renting property in the state, you will need to register the foreign corporation or LLC in Virginia. You will not be exempt from Virginia sales or other taxes on the Virginia income. So, you will pay corporate franchise tax in both... View More
3 Answers
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Landlord - Tenant, Real Estate Law, Tax Law and Estate Planning
for
Virginia
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Q: If I want to buy a property in Virginia to rent out, do I need a Virginia LLC or am I ok with a Wyoming or Delaware LLC?
Ross Cameron Hart
answered on Feb 11, 2025
answered on Feb 11, 2025
Mr. Sternberg is correct - you have three choices: 1) own it in your own name; 2) own it in your Wyoming LLC AND register that LLC in Virginia (for about the same cost as forming one) or 3) form a Virginia LLC and own it with that.
Some gratuitous advice: many years ago a real estate... View More
3 Answers
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Landlord - Tenant, Real Estate Law, Tax Law and Estate Planning
for
Virginia
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Q: If I want to buy a property in Virginia to rent out, do I need a Virginia LLC or am I ok with a Wyoming or Delaware LLC?
Dominic Paul Lascara
answered on Feb 11, 2025
answered on Feb 11, 2025
If you don't already have an LLC to work with and you are only interested in buying and renting or flipping property in Virginia, a Virginia limited liability company should be all that you need to protect yourself. If you formed an LLC in another state for whatever reason, you would still... View More
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
answered on Oct 26, 2024
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
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
answered on Jun 5, 2024
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
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
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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
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
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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
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
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James L. Arrasmith
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answered on Apr 16, 2024
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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
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
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James L. Arrasmith
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answered on Apr 16, 2024
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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... View More
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
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James L. Arrasmith
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answered on Apr 16, 2024
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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
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
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James L. Arrasmith
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answered on Apr 16, 2024
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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
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.
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James L. Arrasmith
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answered on Apr 16, 2024
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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
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!
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James L. Arrasmith
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answered on Apr 16, 2024
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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... View More
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