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.
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.
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...
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.
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...
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.
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.
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.
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.
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.
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.
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