This tenant refused to renew there lease last year stating they were moving and this fall filed bankruptcy.
When the tenant/debtor filed bankruptcy and included in the bankruptcy the landlord as a creditor, there is an automatic stay on all existing claims by creditors against the tenant/debtor. If the tenant/debtor was discharged in the bankruptcy, all unsecured creditors are discharged/eliminated from... Read more »
In Virginia, an award of attorney's fees is only applicable if the party (plaintiff or defendant) pays their attorney who represents the party and is paid for the professional services rendered. Self-representation does not give rise to the entitlement of an award of attorney's fees.
This is to include anyone such as the commercial tenants customers, friends of landlord, etc? Such information to include details of eviction, money owed to landlord or information that could potentially cause tenant to lose work.
Privacy information of anyone is generally covered by the privacy laws. Public information, such as an eviction, is generally available to everyone so it probably is not covered by the privacy laws.
I lived in a previous apartment with a roommate. We both moved out to our separate place, but my roommate was behind on his half of the payment and still has not paid it. He has had numerous opportunities, payment plans, and still has made no initiative to pay the balance. There just seems to... Read more »
As a co-obligor, you have the right to contribution from the other tenant/other co-obligor on the lease. You have a right to bring a claim in small claims court if the amount that you will claim is within the jurisdiction of the small claims court. Whether the matter is worth your time and... Read more »
We had a Nor'Easter. This is the second car I have lost in my 7 years living here. The landlord refuses to fix the parking lot and is aware of the flooding issues. I was not home when it happened. Other cars were also damaged.
In Virginia, if the Landlord proximately caused the damages to your vehicle, then the Landlord would be liable. Based on the facts that you stated, the weather apparently caused the damage and that is considered an Act of God for which the Landlord is not liable.
Hello, I'm a single mother of three beautiful small children and, in 04/2020 I began renting a small home 2 bedroom with a agreement that if remained current on my rent payments & on time every month and fixed this uninhabitable home(mold,structural damage,plumbing and electrical repairs... Read more »
This is something that an experienced Viriginia landlord-tenant attorney should advise on. But your post remains open for three weeks and describes a heartbreaking situation. Until you are able to go over this with a Virginia attorney knowledgeable on these issues, here are a few resources that... Read more »
Will I Was away taking care or father-in-law and my daughter was granted possession of my house. What can I do.
You can bring a lawsuit in the General District Court for the jurisdiction in which the premises is located and seek the return of the possession based on a breach of your lease with the landlord.
I provided evidence and was not required to pay for the alleged missing rent payments. But they still heard his case why can he file a civil suit based off a lie and still receive a writ of possession instead of the judge throwing the case out?and what can I do about this i appealed once and got... Read more »
In Virginia, when you appeal a case from General District Court, the matter before the Circuit Court is a trial de novo (new trial). If the Circuit Court entered a judgment against you at the conclusion of that trial, your only remedy would be to file an appeal with the Virginia Supreme Court. If... Read more »
locks on my apartment and I can't get in to get any of my belongings. He told me that he will only let me come in one time. I would have to have a pickup truck and I can only get my clothes I can't get anything else that is mine out of the apartment
In Virginia, a landlord is prohibited from using self-help to lockout and/or evict a tenant. You should contact the Office of Housing for the jurisdiction in which the premises is located and make a formal complaint.
Is responsible for half the road. And the man I pay rent to says I need to go to his brother. Whom I do not rent my lot from?
In Virginia, the issue of maintenance of a driveway will depend on what is stated in the written residential lease. It should provide for whether the landlord or the tenant has the legal obligation for such maintenance.
I have a non-written verbal agreement with the owner, my father. There are years worth of texts to support the terms of the agreement, which included lease-to-own and owner finance option. I was desperate. So I moved in. I was not given an actual amount to pay so I figured just go to the bank that... Read more »
You have an oral agreement for the residential lease of the premises. It would behoove you to have an attorney to draft a written lease so that both the tenant and the landlord have a document to which they can look to for their rights and obligations.
The landlord could initiate the eviction proceedings against you. It would not happen immediately, but ultimately, the landlord could evict you simply because the lease expires. However, the landlord is not permitted to change the locks or do anything to diminish services pursuant to your lease and... Read more »
Went to court for first time and they said I have 10days to move can that really happen
In Virginia, in a situation when the Landlord has filed an Unlawful Detainer, which seeks possession of the premises by Court Order, and the Judge rules that the Landlord has the right to possession of the premises, there is a 10 day period to file and appeal and post a monetary bond for the case... Read more »
It is the second time and the first time she paid it herself and this time I have a court hearing set for December but my lease is ending on November and am moving out but since I have no knowledge I did not withhold any amount from the rent of the one last month before my lease termination and... Read more »
A Garnishment Summons is an Order/Command by the Court for the person who is the Garnishee and was served with the Garnishment to withhold funds or appear in Court to answer to the Judge. If an answer is not filed or an appearance not made, the Garnishee will be held in Contempt of Court.
I meant to say "NON-SUIT"
Pursuant to the Code of Virginia.
§ 8.01-380. Dismissal of action by nonsuit; fees and costs.
A. A party shall not be allowed to suffer a nonsuit as to any cause of action or claim, or any other party to the proceeding, unless he does so before a motion to strike the evidence has... Read more »
What factors determine whether or not a residential landlord falls under the purview of the Virginia Residential Landlord and Tenant Act? Is it the amount of rental units owned or are there other factors that apply? If I own three single family dwellings would I be subject to the VRLTA?
The applicable Virginia Code section is: § 55.1-1201. Applicability of chapter; local authority.
The key provision that addresses your question is, as it uses "all.....dwelling units...":
B. The provisions of this chapter shall apply to occupancy in all single-family and... Read more »
Recently, my dad passed away. So my fiance, my teenage son and I moved from NC to VA to move in with my mother because she said she would have to sell the house if we didn't. For 2 years we have given her double her mortgage in rent, all of the upkeep, and several big jobs for her with no... Read more »
You reported facts sound more like a domestic relations issue, which I do not handle, then a landlord-tenant matter. You should seek advice from a domestic relations attorney. Sorry.
Rented to sect. 8 tenant. Tenant violated rental agreement: damaged property, didn't carry renters insurance, pest control as required, late fees (rent late each month), spouse residing in property but not on lease and failure to maintain yard. Sherriff served notice.Tenant said they moving... Read more »
I do not handle Section 8 matters. Sorry.
Does the 30 days start from the time the letter is signed for (in the case of a certified letter) regardless of the deadline noted in the letter? Landlord made the deadline to vacate 30 days from the date he wrote the letter. Not allowing for the time it takes to arrive by mail and going to the... Read more »
§ 55.1-1253. Periodic tenancy; holdover remedies.
A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a... Read more »
My landlord sent a certified letter that stated in the heading "30 Eviction Notice" (he left out the word day) dated 09/17/2021. In the body he states "You are hereby notified that your lease terminated on Nov. 30 2019. This letter serves as your thirty day notice of termination of... Read more »
With regard to a month-to-month tenancy, either the landlord or the tenant can give a 30 day written notice, according to the Code of Virginia, by giving the other party a written notice for the termination of the tenancy no later than the last day of the month before the termination date. For... Read more »
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