Leasing company charged hundreds of dollars for new person to be added to lease, which new roommate did not pay (I paid another 'application fee' as remaining roommate on 'altered' lease). Leasing co. added late fees, which roommate never paid. I moved out a week before roommate did near the end of... Read more »
In Virginia, generally all residential leases make all tenants jointly and severally liable for the terms and conditions of the lease. If your roommate failed to pay his share, as you agreed with that roommate, the landlord and leasing company is not bound by the agreement between you and your... Read more »
Is Coronavirus pandemic enough to break a lease?
If the terms of the written residential lease authorizes the tenant to terminate the lease as a result of a pandemic, such as Covid-19, then the tenant has that right. Otherwise, no such right exists.
evictions are on hold due to Corona Virus
There is no law against "asking." Whether the tenant will oblige you is a different question.
If there is a roach infestation, you can proceed with the requirements of a Tenant's Assertion that must be filed in General District Court in the city/county where the property is located. The Court will make the decision as to whether your lease will be cancelled. During the period when the... Read more »
Our lease expired at the end of February, and a few days before the end of the month the landlord added some provisions to the new lease that we did not agree with. We asked the property manager to help us work out a compromise with the landlord, but when he had not answered us by March 1st, I paid... Read more »
In Virginia, when the original written residential lease expires because it was not renewed by either party, the tenancy converts into a month-to-month tenancy by operation of law. The written notice by either party that is required by law to terminate a month-to-month tenancy is 30 days. For... Read more »
He was 3 months behind on lot rent & I was to pay 250 over to go towards his arrears $650 lot rent and 250 towards his arrears that will pay for trailer, for a cost of 2000. I was to move in and do repairs and start paying on the 1rst. And he was to just add me as a roommate in the trailer park... Read more »
In Virginia, all tenants of residential housing have rights under the Virginia Residential Landlord Tenant Act, which was recently revised on July 1, 2019. Generally, a landlord must give written notice to a month-to-month tenant before going to court to seek an order of possession in order to... Read more »
We have rented a single family home for almost 4 years. Our lease is up in May and we are planning on moving, but our property manager wants to showing the home to potential renters. WE realize they have a right to show the home under normal circumstances, but these are not normal times, and we... Read more »
As you stated, the PM has a right to show the premises to potential renters. You do not have a right of refusal unless the terms of your lease gives you such rights. As a possible and reasonable safeguard from the virus, you may want to ask the PM to have everyone who enters the premises with the... Read more »
In Virginia, an Unlawful Detainer is the initial lawsuit by the landlord against the tenant. The "eviction" process occurs after the Court awards a judgment for possession and perhaps monetary damages to the landlord and the landlord seeks the removal, as known as an eviction, of the tenant from... Read more »
My lease ends April 30 2020 I will need time to find a new home.
In Virginia, the time periods for notice to renew or not renew the lease is designated in the terms and conditions of the lease.
Your mother's landlord has no legal duty or obligation to notify your mother that he/she is selling the Property. The new owner/landlord must legally assume the lease (if it is a written lease and there are several months remaining in the Term) and as such is bound by the amount of the monthly... Read more »
I want to go and request to review my tenant file with my property manager. I want to see what contents are in the file. The Property Manager is telling me no and that I am not entitled to review the file. If the file is about me and concerns me and residency then why can't I review it?
Generally in Virginia, the files of the Property Manager are its business records and are private. If there is a lawsuit filed by you in Circuit Court against the PM, you will be entitled to discovery of the contents of the PM's file that relates to you.
She told my caseworker that it would be against the law for her to have a meeting with the two of us. I just wanted to know if this is true.
I know of no law in Virginia that would restrict a meeting between the landlord and the tenant with a case worker present.
This tenant is still in a lease until September. I invoiced her under the property management firm. Do I have to share my contractors invoice with her? We first used her non refundable pet deposit and then used a small portion of her security deposit. In our pet agreement its states that if a... Read more »
In Virginia, it is generally required for full disclosure. if you are demanding a payment, the law will require for you to disclose the basis and supporting documentation for the expense that you demand be repaid. Also in Virgjnia, a landlord is not permitted to apply the tenant's security deposit... Read more »
We informed them before signing our lease in November. It has been noted on 2 separate occasions that we have cats, and our deposit was more at the time of signing than we were quoted. We assumed that was for the cat deposit. Now they say they did not know about the cats, and we owe a $500... Read more »
This is a question of fact. If there is a dispute and it goes to court, the party who brings the claim against the other will have to bear the burden of proof to establish the true facts surrounding the dispute. It may be less expensive to pay the $500 deposit but that is a decision you must made.
The lease had a mistake on it that was not caught until after signatures and deposit was paid. The lease states, lease term will begin on March 6, 2020 through March 31 2021. It then further states, If the lease begins on a day other than the first day of the month, the rent shall be prorated with... Read more »
This would generally be what is called a "Mutual Mistake of Fact." Generally, Virginia law requires the Contract be reformed to correct the mutual mistake. If both parties do not agree to reform the Contract, you would have to go to Court to ask a Judge to make a decision.
We have lived here for 5 years, signing a new lease one time. Our current lease is up in 16 months but the landlord called and asked us if we would move early so they could sell the house this summer instead of next. Can they even do that? We have not broken the terms of the lease.
Under Virginia law, the existing residential lease remains binding and in effect if the current owner/landord sells the Property to a different party. Based on what you indicated that the "landlord asked us if....." it sounds like there is no demand but only a request being made by the landlord.
My landlord allows pets but has a restricted pet list which we are fine with. We rescued a dog from a shelter and sought to follow the rules and add the dog to the lease.
They refuse to add it and say it must go because the shelter and vet put it down as a mixed breed. They say I can't... Read more »
In Virginia, the rules and regulations regarding dogs that the Landlord makes part of the lease will control. This is not considered by the Courts to be an unreasonable restriction regarding dogs imposed by the Landlord.
My roommate has been a couple months behind rent and smokes weed inside our apartment. I have found residue and paraphernalia in his bathroom and his room. Since we are both listed on the lease, can I be evicted as well if I inform our landlord of his marijuana usage?
In Virginia, assuming your residential lease is the standard Virginia residential lease, all tenants are "jointly and severally liable" for the rent as well as to obey all other terms and conditions of the lease, like smoking weed in the Premises. If one tenant is bad/smokes weed in the... Read more »
It is my understanding that a lease signed in Virginia prior to a new landlord taking possession of a property must be honored until said contract has expired. There are no other issues in dispute.
Is my understanding correct? Where is this stated in the VRLTA?
In Virginia, when there is an existing lease signed by a landlord and the tenant, after which the landlord sells the premises to a new owner/landlord, the new owner/landlord is obligated to take the premises subject to the terms and conditions of the existing lease, provided the tenant is not in... Read more »
No reason is required to be given for the termination of a month to month tenancy. Virginia Code § 55.1-1253. (Effective October 1, 2019) Periodic tenancy; holdover remedies provides as follows:
A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
