Lawyers, Answer Questions  & Get Points Log In
Virginia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can my Landlord evict me after finding out that were are paying the court instead of to him?

We were ordered by the court to send our rent payments to the court, because our Landlord owes a bank payment for the house we are renting. Please, we need some advice on if we should move out in the next 21 days or what?

Derek Allen Colvin
Derek Allen Colvin
answered on Apr 10, 2023

An attorney would need to understand your goals to fully answer this question. Generally speaking, what you "should do" depends on what you want to do in this case. It sounds like you were sent a garnishment order. If so, that is a valid court order and your rent payments are being... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I have a legal question about someone vacating my residence

I gave someone 45 days to vacate my home I gace a verbal,text message and written documents..they said ok and moved 80% of their stuff out and have not stayed at the home since but still have items there i reach.out and ask when they were coming to get there remainder of the items but they ignore... Read more »

Maria T Patente
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

I advise against taking "self-help". The Virginia Residential Landlord Tenant Act creates a high penalty for landlords who evict a tenant without obtaining a Judgement of Possession and Writ of Eviction through a Court. The penalty can exceed $5,000 plus attorney fees for the tenant.... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: When renting throught a private owner are the tenants able to use the attic?

Our leasing manager is telling us we don't have access to use the attic because it belongs to the home owners association. However that information was not provided in the lease we signed. We have a rat situation in the attic and they have yet to resolve that. We also have been told one of the... Read more »

Maria T Patente
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

Tenants have several options in cases like this, when safety and health are threatened due to uninhabitable living conditions. (1) A Tenant's assertion (2) a Repair and Deduct (3) a 21/30 day notice to landlord, demanding that Landlord repairs in 21 days or lease will end on day 30.... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Is there a way I can get a judgement or eviction sealed on my rental/ credit history?

Or is there a way I can fight a judgment or eviction after the court date, judgment, and etc?

Maria T Patente
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

Under some circumstances, a defendant may be able to successfully motion the Court to re-open a case. For example, if a Court issued a default judgement, and the defendant was unable to attend through no fault of his/her own. Also, keep in mind that every matter in a Virginia General District... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: living in Virginia, yearly lease end 03/30/23 and I gave the notice on 02/20 but landlord said my vacate date 04/20

Landlord said that i need to provide 60 days' notice or else the lease will automatically renew on a month-month basis. Now I am stuck paying double rent. when I gave the notice i added my vacate date as 04/01 but they never responded on that and when i asked about my dates they said its 04/20

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 8, 2023

Read your lease. Some leases have an extended notice period such as 60 days (which your landlord is telling you). Your lease controls if it was written correctly. In leases I've drafted the following paragraph was included:

;;;

YOU and WE may terminate this lease by giving...
Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I moved out before the end of the lease and keep paying rent but the landlord does not look for a new tenant. Can I sue?

The landlord started renovating the apartment instead of looking for a new tenant.

Ross Cameron Hart
Ross Cameron Hart
answered on Jan 29, 2023

You may be entitled to a refund for the period after the landlord began renovations of the rental unit. There is a difference between 'renovations' (serious work such as upgrade kitchen, bath, etc) and 'turnover' (new paint, possibly replace old carpet, etc). Also consider the... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord charge a move out inspection fee
Derek Allen Colvin
Derek Allen Colvin
answered on Dec 29, 2022

Unfortunately, what someone can do, should do, and actually does aren't always the same. Assuming you paid a security deposit and the VRLTA applies, I'm not sure why the landlord wouldn't want a move out inspection. You have a right to be present during the move out inspection.... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If a tenant negligently damages my rental house, can I charge them full replacement cost?

Allowed children to spill paint over 1/2 room of carpet. Wouldn’t come out & whole room replaced because couldn’t match. One of many negligent damages. Broke lining frig, 2 bins & chunk out of gasket/ door seal. 30-60 nail hole each child’s room, doors & gate hardware broken,... Read more »

Steven Krieger
Steven Krieger
answered on Dec 10, 2022

It really depends on whether the items can be repairs and the condition of the items before the tenancy. If they can't be repaired and only replaced, then replacement is fine. If they were in excellent condition before and repair is not possible, then replacement could be justified. It's... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Military Law for Virginia on
Q: I live in VA and retired from the military. I have a DD214, and my home of record is Texas. Can I break my lease?

I have the SCRA clause in my lease.

Richard Sternberg
Richard Sternberg
answered on Oct 26, 2022

The SCRA limits anyone from taking a judgment against a service member when he or she is called to active duty. Unless you share the lease for review -- which you should not do in an open on-line forum -- I have no idea what your SCRA clause says, but I would take a wild guess that it has nothing... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord serve a 60 day notice and after 20 days issue a 5 day pay or quit notice in Roanoke Virginia.

Lease expired in May now it is month to month but no new lease since May the problem occurred because rent is owed for September and for October. The 5 day notice says that after 5 days he can take possession of house and anything in it.

Ross Cameron Hart
Ross Cameron Hart
answered on Oct 7, 2022

The 60 day notice and the 5 day notice are two different things. The 60-day notice says that the landlord will not renew your right to live in the rental unit and must move by the end date - this is whether or not you pay your rent.

The 5-day notice is because the landlord says you...
Read more »

View More Answers

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord serve a 60 day notice and after 20 days issue a 5 day pay or quit notice in Roanoke Virginia.

Lease expired in May now it is month to month but no new lease since May the problem occurred because rent is owed for September and for October. The 5 day notice says that after 5 days he can take possession of house and anything in it.

Jennifer Alettia French
Jennifer Alettia French
answered on Oct 7, 2022

When you fail to pay rent the landlord serves you with a written 5 day pay or quit notice in the first step towards an eviction. If rent is not paid within 5 days, the landlord then must file a summons for unlawful detainer in the court in which the property resides. Virginia does not permit... Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Virginia on
Q: Property seller violates multiple laws, purchaser has hard evidence, judge ignores. What happened?

Edit:

55.1-1204 Section C says Mr Sternberg is incorrect in his answer. He also says perjury and discrimination against protected classes is "irrelevant". I need someone who cares about those things and the law to answer.

Some points (this box isn't enough for all... Read more »

Richard Sternberg
Richard Sternberg
answered on Oct 4, 2022

Most of the facts in your question are irrelevant. A contract for land must be in writing or it is void. Depending on where you are, a writing can sometimes be lots of things short of a Purchase and Sale Agreement on the local Board of Realtors form. I think there is one DC case in which a check... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What makes a tenant at sufferance in Virginia?

I have a cousin I let stay in an apartment of mine for the past 2 years, I do not collect rent from her, nor has she signed a lease. Two months ago, she wanted me to sign a paper for her saying that she paid $650 a month in rent. I told her no that it was illegal for me to do so. At that time I... Read more »

Steven Krieger
Steven Krieger
answered on Oct 3, 2022

No, unfortunately not. You still have to go through the eviction process by filing with the court and having the court enter a judgment for possession in your favor. If you decide to hire an attorney to assist, I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I get out of a lease if the leasing office lied about smoke history?

We just signed a lease for an apartment in Virginia. After moving in, my wife complained of a chemical smell covering a cigarette smoke smell. The leasing office claimed the prior tenant did not smoke, and maintenance claimed it was to cover up curry. My wife just found a pile of cigarettes in a... Read more »

Steven Krieger
Steven Krieger
answered on Sep 24, 2022

It's possible you could make a misrepresentation or fraudulent inducement argument, but if this goes to court you're going to need to be able to convince a judge that 1) the landlord told you it hasn't been smoked in; and 2) that it was smoke and not curry. If you decide to hire a... Read more »

1 Answer | Asked in Landlord - Tenant and Foreclosure for Virginia on
Q: In Arlington VA I need to evict previouse owner from a foreclosed home. Is this a 3 or 5 days notice? I need assistance

In Arlington VA , I need to evict previouse owner from a foreclosed home. Is this a 3 or 5 days notice? advice ?

I need REASONABLE professional assistance.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Sep 8, 2022

A former owner of real estate that was sold at a foreclosure auction becomes a tenant at sufferance after delivery of a deed from the substitute trustee. A tenant at sufferance is one who enters into possession of real property lawfully, but remains in possession unlawfully. After title to the... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: In Virginia how does one stop a landlord from passing on normal ware and tare expenses?

The lease says the resident shall pay for causing damage. Unethically, the landlord is passing on normal ware and tare expenses to their tenant. Without any contractual basis or notice the landlord added a $50 fee to the rent for repairing the refrigerator. Also, they did not provide an invoice for... Read more »

Jennifer Alettia French
Jennifer Alettia French
answered on Aug 1, 2022

It depends on how the lease agreement is worded. Usually residential leases are for a specific period of time (a year is standard) with the rent remaining the same for that year. The landlord can not change the rent midlease unless the lease allows for it to be unilaterally changed during the term... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Virginia on
Q: Is the Property Management company liable for my stolen vehicle?

My vehicle was stolen from the garage in my high rise building. The security gate that allows entry into the garage has been broken for weeks. This allowed the thieves easy and clear entry. Is the property management company negligent and liable for damages?

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2022

A Virginia attorney could advise best, but your question remains open for a week. It could depend on a number of factors - other thefts in area, construction of gate, nature of breakage, terms of parking arrangements, etc. An investigation would need to address these and other possible issues. Good... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Can a landlord deny a physical, signed lease in preference for an electronic one?

Submitted a physical lease prior to the expiration of my previous lease and was later informed that the property manager "did not accept paper leases" so I was charged several hundred more for the next month's rent because I had been transferred to a month-to-month... Read more »

Ross Cameron Hart
Ross Cameron Hart
answered on Jul 15, 2022

That sounds like nonsense.

You may want a lawyer to help you. I would suggest a 'tenant assertion' to have the court declare that a lease exists and you are due refund/credit/lower rent payments on the lease. You would file the assertion in the General District Court for the...
Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Do I have a fighting chance in court

Recently my ex landlord hit me with a warrant in debt for back rent. They are claiming i haven't paid rent in 2 years which is ridiculous since my lease was year to year. The only time that i did not pay rent was for a six month period when my heat went out and other things that needed major... Read more »

Elaine Jarvis
Elaine Jarvis
answered on Jul 7, 2022

First of all: make sure (absolutely sure) you show up at the first return and ask to contest everything and do NOT admit to owing anything. Then I would think about talking to a lawyer because it would appear that you do have defenses--and this assumes the lease is in Virginia:

1. You...
Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Do I need to give notice to a person staying in my property in the state of Virginia? More details below.

Does not pay rent and is not in a lease agreement. Property damage has occurred by this person. If a notice needs to be given how long? Also do I need to go through the court system as in an eviction?

Steven Krieger
Steven Krieger
answered on May 31, 2022

If you're going to evict based on non-payment or property damage, then you do need to give notice and evict through the court process. If you're evicting based on a person who has no tenancy rights then arguably no notice is required, but even then, the safest thing to do is give 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.