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Virginia Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for Virginia on
Q: Hello. My husband Verbally told me and the landlord,last week, that he is moving out next month.

The term is from 12/12/2019 to 12/31/2020. First months rent was prorated since we moved in mid month. He also verbally told the landlord last week that he is moving out on 12/11. Per our lease, he does have to pay his portion of rent for the entire month of December, correct? And is he required to... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 30, 2020

In Virginia, the terms and conditions of the written lease will control whether your husband has the right to terminate the lease based on an oral notification to the landlord. Also, the terms and the conditions of the lease will control who has the rights to the return of the security deposit.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Virginia on
Q: Hello. I as attacked at the apartment complex where i live. I was walking from a friends apartment home.

Would my landslords insurance be responsible for my medical bills and time lost from work?

F. Paul Maloof
F. Paul Maloof answered on Nov 30, 2020

Your landlord, not your landlord's insurance, would only be liable for your medical bills and lost wages if the landlord was aware of the attacker and acted in a fashion to not prevent the attacker from attacking you. This standard of proof is very difficult to demonstrate and to persuade the... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: A tenant’s 40 year old son has moved into her apt. in my 5 unit building without my permission approx. 30 days ago.

This son once lived in this same building with his now ex-wife over 15 years ago and had to be evicted due to nonpayment of rent. (They left without having to use the court system.) I do not want him on my property. He is not paying rent, his behavior is aggressive and their frequent arguments are... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 19, 2020

There is a CDC Order that prohibits evicting tenants or occupants from the premises until the expiration date of December 31, 2020. You may not be able to evict that person until 1/1/2021.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Quiet right to enjoyment while living above a store?

The owner of the store and landlord, She constantly complains about my kids being kids as far noise goes. Like running jumping and being kids. Does she have the right to do that since we live about the store? Just wondering if right to quiet enjoyment applies since we live above a store.

F. Paul Maloof
F. Paul Maloof answered on Nov 18, 2020

The common law covenant to quiet enjoyment does not apply to the facts as your stated in your inquiry.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Can a landlord keep a deposit without proof of damages? Can a landlord keep a deposit without damages present?

My landlord has been operating in nefarious ways. I am unsure she will return my deposit to me upon departure. We have only improved the home since arriving (landscaping, restoration cleaning, landscaping, painting, replaced damaged door handles, and chimney swept).

F. Paul Maloof
F. Paul Maloof answered on Nov 17, 2020

In Virginia, a Landlord is not authorized to keep a security deposit without providing the tenant with a written itemization of the damages to the premises. Proof of damages to the premises is essential to establish evidence for the claim of damages to the premises.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Tenant is not picking up Phone calls and not responding to texts or emails asking for rent

Tenant has been late in paying rent last couple of months. She is not responding to my calls or texts, emails asking for rent. I even went and rang the bell but she wont open the door. The only text she responded was when I told that i would enter the property, she responded saying donot enter. No... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 16, 2020

In Virginia, when a tenant has been late paying rent, the landlord has the right to send by first class mail a written notice to the tenant for 5 day pay or quit. After the 5 days, the landlord has the right to file an Unlawful Detainer in court to seek the return of possession of the premises.

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: Are landlords of structures on communal land trusts exempt from VA standards of operation?

She demanded a deposit in june(less than two weeks after we moved ) and refused to produce a lease for us until September 23rd. She is now denying our having paid the deposit. She has repeatedly attempted to get duplicate rent and utility payments from us. She thinks she's exempt from va... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 16, 2020

In Virginia, there is no such exemption.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Is charging tenants $10/day starting the 2nd for late rent legal, or is she bound to the state regulation of 5 days?

She insists she is able to charge us that rate beginning the 2nd if she hasn't received the money order. She also recognizes that she can't charge us until the 5th but is comfortable accruing fines before the fifth and charging us on that date.

F. Paul Maloof
F. Paul Maloof answered on Nov 16, 2020

In Virginia, a late fees is a matter of contract and provided for in the lease. The 5 days refers to the failure of the tenant to pay rent when due so the landlord is required to serve on the tenant a 5 day notice to pay or quit before the landlord has the right to demand possession of the... Read more »

2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: Can a landlord enter into a verbal agreement with tenants and upon changing their mind, charge tenants retroactively?

My landlord rented a house,wood shed, and small shack for the agreed upon rate. She then changed her mind, said the 4th structure is included in our rent, and we owe her rent for the prior 2 months on that space.

Richard Sternberg
Richard Sternberg answered on Nov 16, 2020

Any contract on land must be in writing. The verbal agreements are unenforceable anyway. It may take a while to remove you as squatters, because it appears that you have no lease but occupy of right.

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If my landlord is making us move because they can't afford to fix problems are we entitled to moving expenses

Problems- Leaky roof, mold.

Are we entitled to moving expenses ? Deposit being used as last months rent? Any help at all? We aren't even near the end of lease.

F. Paul Maloof
F. Paul Maloof answered on Nov 14, 2020

In Virginia, a tenant is not afforded the right of reimbursement for moving expenses, unless it is specifically provided in the lease, which would make it a contractual right.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: warrant in debt or unlawful detainer?

H

F. Paul Maloof
F. Paul Maloof answered on Nov 14, 2020

If you move out in 5 days, the landlord will file a Warrant in Debt since possession is not an issue.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: 60 day notice to break lease fees.

Virginia - I gave 60+day notice to vacate in August to break lease. Paid both September and October, so that I would not have to pay the large fees at end of October, which was the end of 60 days. Should I have paid another two 2 months?

F. Paul Maloof
F. Paul Maloof answered on Nov 14, 2020

In Virginia, the provisions that are stated in the lease for an early termination will control your situation. If it says that the tenant must give a 60 day written notice in order to effect an early termination of the lease, then that is what is binding on the landlord and the tenant. If it states... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord is not renewing lease because of late payments, which were remedied due to loss of wages from Covid-19.

He has two months rent as a deposit, but our lease states he has 45 days to give that back to us. Is it general practice for him to wait the 45 days because that is what we have to be able to move by the end of the lease.

F. Paul Maloof
F. Paul Maloof answered on Nov 13, 2020

The Virginia Code allows a landlord a period of 45 days after possession of the premises is returned to the landlord by the tenant to return the security deposit, net of any deductions for damages to the premises. This appears to be what the lease also provides. It is up to the landlord as to... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My Residential Manager is trying to rip me off....How do I defend my tenant right?

We lived in an apartment in Virginia for about 4 years (2016-2020). We recently moved out but the residential manager trying to give us hard time. We agree our carpet was a little messy however, we received a bill of $7000. The residential manager said they replaced the refrigerator, dishwasher,... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 12, 2020

You have a right to dispute the $7,000 charges that the landlord is making. If the landlord does not agree with your position, you can bring the landlord to court with a lawsuit to protect your rights.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Tenant, S8 claiming (mold) infestation despite passed inspections before moving in and immediately after complaint.

Virginia single family residential lease agreement.

Verbally and crying while on 3-way via the city person, tenant said, "I don't care about the money!... at this point, just want to find a place to live." Tenant to date does not provide any signed written letter/notice per... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 11, 2020

I regret that I do not handle S8 matters. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: After paying early termination fees and giving up my security deposit can a landlord require more fees?

I moved out of my apartment 5 months early, paid early lease termination fees ($3,675) and gave up my security deposit ($1,750), and now the landlord is insisting I owe an additional $545 for “cleaning and repairs”, and saying that the security deposit was forfeited and doesn’t cover... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 10, 2020

The answer to your question depends on what is stated in the written lease agreement. At the very least, you would be best served to contest the landlord's claims and demand that a judge decide.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Are sandwich leases legal in VA? Where I act as landlord and rent/sell the property for the owner without a RE license?

If a landlord is having a tough time selling a property or doesn't know how. I want to be able to lease the property for two years and then sell it for the owner. Which is a lease to own. Once the house sells, I would take the profit from the buying price and give the owner what he/she wanted... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 8, 2020

I believe that any real estate representation that is tied to a lease or purchase/sale transaction requires the party acting as the agent to be a licensed realtor. You may want to check with the Northern Virginia Realtors' Association located in Fairfax, VA

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Tenant not paying for 3 months. No show in court. Doesn’t submit document to city for Covid rent assistance.

What can I do to get the back rent and/or get him out of the apartment? He said he was laid off due to Covid. City has assistance to pay his rent but he’s not submitting the required documents. Can I get my rent through the city programs if he doesn’t provide the required documents?

F. Paul Maloof
F. Paul Maloof answered on Nov 5, 2020

Provided the rules are confirmed with by the tenant there is a moratorium on eviction by order of the Dept of Homeland Sec. See below:

Temporary stop of COVID-19 evictions: what you need to know

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I be charged a late fee if the landlord didn't notify me that mail was delayed until after grace period?

Bank check sent 29 Sept for Oct rent that must be pd by the 5th of the month. The landlord informed me on the 8th that he had not received the bank check (of course this is already after the grace period). I had the bank send a letter showing that they sent the check on 9/29, but landlord is still... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 4, 2020

The answer to your question will depend on what is stated in the lease. If the lease says the rent payment MUST be made no later than the 5th of each month, then it is the tenant's obligation to make certain the payment is delivered to the landlord by the due date, or there will be a late... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My landlord wants to break the lease and wants me out in 30 days. Do I have to? Fairfax County, VA

My landlord got upset because my parents came to stay temporarily. The lease says not more than 2 weeks. It’s day #1 and she gave me 30 days to leave. My lease doesn’t end till 3/2022.

I have an emotional support animal and my parents have 1 ESA too. When my parents leave at the end... Read more »

Steven Krieger
Steven Krieger answered on Oct 31, 2020

There's no such thing as a 30 day notice to leave. The landlord has to give you a chance to correct the alleged violation and then if the violation is not corrected, the landlord could start an eviction proceeding with the court. While having more occupants than permitted could be viewed as a... Read more »

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