Virginia Landlord - Tenant Questions & Answers
Q: I am renting a condo and my landlord is being sued for HOA fees. I have a Garnishment Summons on door. What do I do?
F. Paul Maloof's answer
I am not sure without seeing the Summons, but I think that the garnishment summons is ordering you to pay over your rent to the Court. You should call the clerk of the court and ask what you should do.
I am not sure without seeing the Summons, but I think that the garnishment summons is ordering you to pay over your rent to the Court. You should call the clerk of the court and ask what you should do.
Q: Tenant owes several months rent. Sent letter, he needs to make full payment in 30 days. Can I send 5 day notice now
F. Paul Maloof's answer
On the day after the tenant has not paid the rent for the month, you can send the tenant a 5 day notice to pay or quit.
On the day after the tenant has not paid the rent for the month, you can send the tenant a 5 day notice to pay or quit.
Q: How long is the unlawful detainer process against a family member, in Virgia Beach?
1 Answer
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in
Family Law, Real Estate Law and Landlord - Tenant
for
Virginia
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
F. Paul Maloof's answer
My office is in Alexandria City. I have no experience with Virginia Beach. Sorry.
My office is in Alexandria City. I have no experience with Virginia Beach. Sorry.
Q: Can I kick my adult son , his girlfriend and her kids out of my house. They were supposed to leave before Jan 1
1 Answer
| Asked
in
Family Law, Real Estate Law and Landlord - Tenant
for
Virginia
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
F. Paul Maloof's answer
Generally, family members are not considered tenants, however, if you want to make them vacate the premises, you will have to proceed with the requirements for an unlawful detainer in court since self-help, such as refusing the use of the washer and the kitchen, is prohibited in residential lease matters in Virginia.
Generally, family members are not considered tenants, however, if you want to make them vacate the premises, you will have to proceed with the requirements for an unlawful detainer in court since self-help, such as refusing the use of the washer and the kitchen, is prohibited in residential lease matters in Virginia.
Q: Can a former landlord sue for damages if he didn't notify as per required under the contract, hence then there are none?
2 Answers
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Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant
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Virginia
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Answered on Jan 9, 2019
Answered on Jan 9, 2019
Andrew Strickland's answer
Question: "If I win as per the terms of our contract (no proper notification,, no communication until way way later, no nothing) do the damages still exist then to sue me later?"
There's a few things going on with your question and some assumptions that I need to make in order to tailor it. Let me start with the assumptions: (1) You have a claim against Landlord; (2) Landlord shows up to small claims and disputes the claim; (3) you win final judgment in your favor in small claims...
Question: "If I win as per the terms of our contract (no proper notification,, no communication until way way later, no nothing) do the damages still exist then to sue me later?"
There's a few things going on with your question and some assumptions that I need to make in order to tailor it. Let me start with the assumptions: (1) You have a claim against Landlord; (2) Landlord shows up to small claims and disputes the claim; (3) you win final judgment in your favor in small claims...
Q: Can a landlord tell you that you have 8 days to put utility bills in your name after that was the initial agreement
F. Paul Maloof's answer
Generaly in Virginia, if your residential lease states that the utility will be kept in the landlord's name and the tenant will pay the bills, the landlord is bound by that provision. It can only be modified by a written amendment to the lease that is signed by both the landlord and the tenant.
Generaly in Virginia, if your residential lease states that the utility will be kept in the landlord's name and the tenant will pay the bills, the landlord is bound by that provision. It can only be modified by a written amendment to the lease that is signed by both the landlord and the tenant.
Q: My landlord is renting an illegal basement and he is trying to make us pay another month and keep our deposit. Can he?
F. Paul Maloof's answer
You can certainly sue him for back rent but the question is whether you will be successful in court on your claim. You should work with your attorney on the claim.
You can certainly sue him for back rent but the question is whether you will be successful in court on your claim. You should work with your attorney on the claim.
Q: Q: Can a jointly and severally liable clause be applied to me if a prior renter defaulted before I joined?
F. Paul Maloof's answer
It depends on how the lease is written, but if you replaced the other person, who may be held liable for the default.
It depends on how the lease is written, but if you replaced the other person, who may be held liable for the default.
Q: Can I be charged for items being renovated if the apt plans to use the old items (carpers, cabinets) in another apt?
F. Paul Maloof's answer
I have never heard of a landlord or landlord representative removing carpeting from one rental unit, reinstalling it in another unit and charging the tenant for the unusable carpeting. Generally, carpeting is a depreciable asset and the landlord is not entitled to charge the tenant for replacing the carpeting that was in the rental unit. You have a right to challenge the landlord for this type of charge. You should read your lease very carefully as it may provide that the landlord is...
I have never heard of a landlord or landlord representative removing carpeting from one rental unit, reinstalling it in another unit and charging the tenant for the unusable carpeting. Generally, carpeting is a depreciable asset and the landlord is not entitled to charge the tenant for replacing the carpeting that was in the rental unit. You have a right to challenge the landlord for this type of charge. You should read your lease very carefully as it may provide that the landlord is...
Q: My landlord wants to do major renovations to my apartment while I am living in it. Do I have to comply?
F. Paul Maloof's answer
Generally, a landlord is entitled to make renovations to the premises during the term of the lease. If the renovations makes the premises uninhabitable, you may have the right to a rent abatement. It would be up to a Judge in a court proceeding to award you a rent abatement. You may also want to negotiate with the landlord for off-premises accommodations while the renovations are being performed.
Generally, a landlord is entitled to make renovations to the premises during the term of the lease. If the renovations makes the premises uninhabitable, you may have the right to a rent abatement. It would be up to a Judge in a court proceeding to award you a rent abatement. You may also want to negotiate with the landlord for off-premises accommodations while the renovations are being performed.
Q: Garnishment Hearing
F. Paul Maloof's answer
At a garnishment hearing, the court will hand over any checks received from the employer. If the employer does not provide any checks, you can ask for a Rule to Show Cause. The employer and/or the defendant do not have to appear at the hearing.
At a garnishment hearing, the court will hand over any checks received from the employer. If the employer does not provide any checks, you can ask for a Rule to Show Cause. The employer and/or the defendant do not have to appear at the hearing.
Q: Can other occupants of a home be made to leave without notice after main renter has been hospitalized/ultimately death?
F. Paul Maloof's answer
Generally, Virginia law requires that all occupants be given a 5 day notice to pay or quit before the landlord can file an unlawful detainer. Only a court can order the occupants to vacate the premises.
Generally, Virginia law requires that all occupants be given a 5 day notice to pay or quit before the landlord can file an unlawful detainer. Only a court can order the occupants to vacate the premises.
Q: Our landlord told me I had to move because we are late with this month rent, he also haven't given us our lease yet
F. Paul Maloof's answer
Under the laws of Virginia, late payment of rent is a breach of the lease. The landlord can take certain steps to regain possession of the premises, but the Virginia Code requires that the landlord proceed to general district court and seek an order for possession of the premises before he can evict you. A landlord cannot force you to leave unless he has an order from the court.
Under the laws of Virginia, late payment of rent is a breach of the lease. The landlord can take certain steps to regain possession of the premises, but the Virginia Code requires that the landlord proceed to general district court and seek an order for possession of the premises before he can evict you. A landlord cannot force you to leave unless he has an order from the court.
Q: I've given my 60 days notice, how long can the landlord wait before they are required to search for a new tenant?
F. Paul Maloof's answer
Generally, the right of the landlord to advertise and show the premises pursuant to the 60 day notice is written in the lease. You should review your lease for that requirement.
Generally, the right of the landlord to advertise and show the premises pursuant to the 60 day notice is written in the lease. You should review your lease for that requirement.
Q: Can a Landlord list your apartment for rent before the 5 day or quit?
F. Paul Maloof's answer
The 5 day notice to pay or quit effectively is notice of termination of he lease. If you pay the rent, the landlord can give you a written letter of acceptance of rent with reservation of rights and continue to proceed with an unlawful detainer in court.
The 5 day notice to pay or quit effectively is notice of termination of he lease. If you pay the rent, the landlord can give you a written letter of acceptance of rent with reservation of rights and continue to proceed with an unlawful detainer in court.
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