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Virginia Landlord - Tenant Questions & Answers

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Is my landlord in breach of contract if rented me a house with an inground pool that he knew was broken and withheld it

I rented a 6 bedroom house with an inground pool, poolhouse, in law suite so that I may entertain my family for holidays, cook outs pool partyies. I 5 months Ive paid 14,000 and I still have no pool. Landlord knew pool was broke and deliberately withheld this information. It is only myself and my... Read more »

F. Paul Maloof answered on Jun 13, 2019

A breach of he lease would depend on proof that the landlord "knew" or "was aware" that the in-ground pool was broken on the date the lease was entered into by the landlord and the tenant.

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: Is it legal for my landlords to break my lease? Even though I've paid on time and kept good care of my rental.

We have lived here for 2 years and 4 months we have a year lease ending in February. We have had many issues with our rental including us finding out we have no drain field. I have stressed my issues and it is illegal to not have one in Va. So my landlord just told us today he wants us out come... Read more »

F. Paul Maloof answered on Jun 12, 2019

It depends on what the lease provides. Generally, residential leases provide that either the landlord or the tenant may give the other a 60 day notice to terminate the lease. If this provision is stated in your lease, it sounds like the landlord has the right to terminate the lease if the landlord... Read more »

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2 Answers | Asked in Landlord - Tenant for Virginia on

Q: My boyfriend and I recently moved into an apartment where half our stove tops didn’t work.

When we moved in our place wasn’t clean, theirs clearly water damage in our bedroom, also our flower beads were full of trash. We’re not able to read what temperature to set our oven at. The oven is still full of oven cleaner. We have been using only two burners to cook our food since and now... Read more »

F. Paul Maloof answered on Jun 6, 2019

You can call the Office of Housing Code Enforcement for the city or county in which the Premises is located and make a formal complaint. You should have done a walk through before taking possession and a condition report should have been written up and signed by the landlord and the tenant. If you... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on

Q: How does an early termination clause work with a month-to-month lease?

This is a month-to-month lease. There was no 1 year initial lease at all. State law requires either Landlord or Tenant to give 30 days' notice prior to desired date of termination of tenancy. This is also specified in the Term clause of my residential lease agreement. (I am the "Landlord.") There... Read more »

F. Paul Maloof answered on Jun 6, 2019

After the written lease's initial one year term has expired, the tenancy becomes a month-to-month tenant by operation of law. To terminate a month-to-month tenancy, either the landlord or the tenant may give a written 30 day notice; e.g. written notice given on May 31, 2019, then the month-to-month... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Do lease provisions negate tenants' right to reasonable notice of landlord access in Virginia?

We signed a lease in which "the landlord or designated representative(s) are authorized to enter the premises in order to do any of the following from 10AM to 7PM everyday." There is no explicit provision in the lease for providing reasonable notice to the tenant of landlord access. When we... Read more »

F. Paul Maloof answered on May 31, 2019

The provisions stated in the lease control what notice the landlord gives the tenant regarding landlord's access to the premises.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on

Q: Can my landlord force me to bail water out of the window wells? Can I seek compensation for the physical labor?

In the summer of 2018 several rain storms caused water to fill the window wells in the finished basement of a single family home and leak water into the dry wall, insulation, and carpet. The landlord was on vacation and forced the renters to physically bail water out of the window wells each time... Read more »

Richard Sternberg answered on May 30, 2019

You need to review the lease with a licensed real estate lawyer. If the lease puts the burgent of maintenance or repair on the tenant, you might be obligated. It usually doesn’t in residential leases in Vienna, particularly illegal basement apartments. Contrary to popular belief, all leases are... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on

Q: The current tenant is threatening to report a Fair Housing Law because we did not renew the contract demanding a reason

The lease terms end May 31 - this tenant requested an emotional support animal for her daughter who is autistic AFTER 3 weeks of moving in, never informed us before the move in date. We have been flexible, accommodated requests including to extend till June 9 and she is debating now after she has... Read more »

F. Paul Maloof answered on May 23, 2019

I think the law in Virginia does not require a Landlord to provide the Tenant with a reason for denying a renewal of a residential lease. I am not familiar, however, with the provisions of the Fair Housing Act to provide you with an answer as to whether or not there would be a claim of... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: I gave a 45 day warning I wanted to terminate the sublease and the sub landlord did not find a replacement for my room.

I moved out April 27th and my lease ends in August. Turns out she moved a guy in calling him a “guest” but he payed prorated rent for the month. This is a violation of the master lease. I informed the actual house owner and he also said that it was a violation but said he can’t do anything... Read more »

F. Paul Maloof answered on May 19, 2019

Without reading and analyzing the lease, I cannot answer your question.

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: In rental 7yrs no late no behind. The carpet wasn't new, house not newly painted. Can I be charged for either.

F. Paul Maloof answered on May 19, 2019

Generally, the lease provides "normal wear and tear excepted" and that means that over a 7 year lease period, the rug should not be replaced and the premises should not be repainted at tenant's expense.

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1 Answer | Asked in Landlord - Tenant for Virginia on

Q: I have a 12 mo lease which provides both tenant and landlord must provide 60 days notice for termination of lease.

I only received 30 days notice. I informed LL that I will renew lease at same rent as LL failed to give me 60 notice. Then they offered a lower increase despite lack of 60 day notice to me. Please advise. My email is sratliff111@gmail.com . Thanks

F. Paul Maloof answered on May 15, 2019

The provisions that are in your lease are binding on landlord and tenant. Those provisions prevail in your situation.

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Can a landlord revoke a notice to vacate?

My sister and I provided a 60-day notice to vacate as required by our binding lease. About a month later, I inquired about the requirements to transfer instead, but I never signed anything binding me to the transfer. I never signed a new lease, and I was not notified that asking about the transfer... Read more »

F. Paul Maloof answered on May 15, 2019

Your simple "inquiry" does not revoke or rescind your notice to vacate. You must challenge the landlord's action in court.

2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on

Q: Section 13 of lease agreement: "Liability of Landlord/Agent." Prospective tenant has crossed out two lines. Bad for me?

My prospective tenant has crossed out these two lines in Sec. 13 of standard lease agreement (VR Form 200, revised 7/18) : "Landlord and Agent shall not be liable for negligence or tort" and "Tenant hereby release landlord and agent from any and all liability and agrees to indemnify landlord and... Read more »

F. Paul Maloof answered on May 14, 2019

By agreeing to those strike outs, the landlord will be exposed to additional liability. You should not agree to those strike outs.

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2 Answers | Asked in Landlord - Tenant for Virginia on

Q: Can a LL evict me if I have recently become disabled? Not sure I can pay rent on time.

Ross Cameron Hart answered on May 12, 2019

Unfortunately, yes. Look at it from their side: they have a mortgage, taxes, insurance, utilities, etc. that have to be paid; of the rent you pay them their 'profit' may be remarkably small. A roof over your head is one of the three most important things you can have (food and medical are the... Read more »

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2 Answers | Asked in Landlord - Tenant for Virginia on

Q: The Redemption Law of Virginia will not be on our side?

F. Paul Maloof answered on May 12, 2019

Without reviewing the factual basis of your matter, I cannot answer the question. Sorry.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on

Q: Why wouldn't a landlord dismiss the court case if all rent and additional fees and charges are paid in advance

Before the first court date of a unlawful detainer?

F. Paul Maloof answered on May 11, 2019

The landlord would not dismiss the case because the landlord still wants the return of possession of the property from the tenant and can only get this by a judge who orders it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on

Q: If you are issued a unlawful detainer and the court date is may 31, will the unlawful detainer be stopped

If all rent that is due , paid before the court date?

F. Paul Maloof answered on May 10, 2019

Generally, if the tenant pays all the back rent (and other costs and late fees) before the unlawful detainer's first court date and the tenant gets a written agreement with the landlord that the landlord will dismiss the case, then the unlawful detainer will stop. Otherwise, the unlawful detainer... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: My former landlord is trying to sue me for damages I did not do. The judge ordered him to provide a bill or particulars

My former landlord is trying to sue me for damages I did not do. The judge ordered him to provide a bill or particulars by May 3rd and I have until the 24th to reply. I got a letter in the mail yesterday and the only thing written on the bill is I caused damage to the property in the amount he is... Read more »

F. Paul Maloof answered on May 7, 2019

The judge ordered the landlord to file a "Bill of Particulars" which is a statement of the specifics or particulars of his claims against you for the damages. You probably were ordered to file an "Answer and Grounds of Defense" which is a statement as to the reasons you deny the landlord's claims... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Can my landlord keep part of my security deposit for cleaning?

I was shown my apartment and signed a month to month lease 6 days before I moved in on the commencement date of the 1st. When I was shown the apartment it was not cleaned yet from the prior tenant and needed to be cleaned badly. The landlords agent assured me the apartment would be cleaned and... Read more »

F. Paul Maloof answered on May 3, 2019

Every time a tenant looks at an apartment before actually moving in to the premises, the tenant should require that the landlord prepare a condition report and both the landlord and the tenant sign it so that there is evidence of the cleanliness or uncleanliness of and items that need repairs at... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Can a landlord make you pay rent in advance?

Here’s the situation: over a year ago my new landlord agreed to knock $100 of the rent if I paid 6 months in advance, but it was suppose to continue at the same discounted price after the 6 months were up. He tried to say they I had to pay up 6 months, again. I refused to give the 6 months but I... Read more »

F. Paul Maloof answered on May 1, 2019

Payment of rent in advance is acceptable if the lease contract provides for that and the parties agree to it. You should have contacted the Office of Housing Code Enforcement for the county or city where you lived when the compressor went bad and made a formal written complaint about the lack of... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: While living at this apartment complex. Landlord shares personal info with the 2 workers.They tell other tenants

This has turned into untrue gossip. Also landlord allows drug use. I'm disabled an need grab bars they have put only 1 in out of 3 that's needed. Landlord comes in apartment on anybody's word. Last week I did not answer door for someone because I was sick. The landlord comes in no knock an says... Read more »

F. Paul Maloof answered on Apr 28, 2019

The situation that you described is very unfortunate but I do not see a question that you posed. Nevertheless, you can call the Office of Housing Code Enforcement in the county or city where you are living and make a formal complaint.

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