In Virginia with regard to a commercial lease, the terms and conditions that are embodied in the four corners of the lease agreement control the rights and obligations of the parties. If the commercial lease provides that the landlord may change the locks if the tenant does not fulfill a provision...Read more »
Roughly 4-6 months ago I made an in person appointment to talk about the lease date and to tell them we were leaving on the lease date. Now we are just leaving and they are saying that we didnt provide a written notice, so they are charging me a "fee" equal to 2 months rent($3000) and... Read more »
The Virginia Code requires a "written" notice to be given by either the tenant or the landlord to terminate the lease. This is the law. It is probable that the lease provided for a "written" notice as well so if that is the case, you are bound by the contract.
The lease should control the answer to your questions. Generally, if the landlord has not delivered possession of the premises to the tenant, the rent is not due and payable from the tenant to the landlord. If another tenant caused you to be displaced from the premises because of a fire, the other...Read more »
My original lease was supposed to end March 31st, 2020. Property Manager said that I needed a 60 day notice to terminate lease, so I paid for April to satisfy lease agreement. My security deposit should have been returned by June 15. When I messaged her for an update on that date, she said she was... Read more »
The Virginia Code requires a landlord to allow the tenant a move out inspection and to be present for that inspection. If the landlord failed to allow the tenant to attend the move out inspection, it is a breach of the lease.
The Virginia Code also requires the landlord to either provide...Read more »
Once they’re 18, they’re an adult and get to make their own decisions. You cannot force an adult to stay in your home if they don’t want to. But you can make an adult leave your home as long as you follow the law in doing so.
It depends on what is provided in your residential lease contract. If the lease prohibits no security cameras, then there is a prohibition. If the lease is silent on security cameras, there is no prohibition.
Says I will get evicted if not taken down within 24 hours says nothing in my lease about not having cameras and had them since 2015 help I have them to protect me and my vehicles my neighbor constantly harasses me and he is sick and tired of seeing videos of him harassing me so I got a letter... Read more »
In Virginia, an oral agreement is considered a contract. When's purpose is a residential lease, all the legal requirements embodied in the Code of Virginia for a landlord-tenant matter are applicable. If your daughter's boyfriend is seen by the law as a tenant, you must proceed with a...Read more »
The Supreme Court of Virginia has suspended all new eviction cases in the Commonwealth of Virginia for tenants unable to pay rent as a result of COVID-19 through April 6. and then the eviction moratorium has been extended through June 28. I saw no order by the Governor that placed a freeze on...Read more »
I reside in the home. I have not changed the locks so that she may get her items but she has become very belligerent and maliciously leaving messes so that I have to clean them up. She will only come when I am at work and then I clean up when I get home. Three times she has left the doors standing... Read more »
You may want to seek a "Protective Order" from the General District Court in the jurisdiction (city/county) in which the premises is located. Ask the Court to prohibit her ability to enter the premises.
For a matter as you describe in Virginia, I think your best course of action is to go to the General District Court in the jurisdiction (city/county) where you live and ask them for the brochure/pamphlet for an Unlawful Detainer action.
I signed a lease for August 2019 to August 2020 at a college apartment complex in Lynchburg. The lease states that I will be charged $450 per month for rent. I have just been made aware that they have been charging $500 a month. I never knew because I paid for the whole leasing term in August. They... Read more »
You have two alternatives. You can bring a small claims lawsuit for the excess/overage amount of rent in the General District Court of Lynchburg. You can also contact the Virginia Attorney General's Office and make a formal complaint.
I am a landlord in Virginia. We have three tenants. Two renewed the lease and one wants to leave. The deposit check was written by the mother of one of the remaining tenants, but I believe all three payed her equally. Am I legally bound to return a portion of the deposit to the tenant leaving... Read more »
The roommates should figure it out among themselves. Generally in Virginia, the landlord has no duty to the tenants to apportion the return of the security deposit, unless the lease provides otherwise.
I gave my landlord notice that I was moving about 4 months before the move-out date (via text). About a month before the move-out date, I told him I may move out a little early (a couple of weeks), but I didn't know the exact date. I ended up moving about a week early. Now, he wants to charge... Read more »
Based on what you stated in your inquiry, you were still a tenant under a written residential lease. If that assumption is correct, the terms of the lease will control the type of notice and the period of time within which the notice must be given by the tenant to the landlord. If you complied with...Read more »
My landlord did a walkthrough of my apartment after I moved out and told me at the time that there were only minor damages. Then, a few weeks later, he sent me a letter with a list of other expenses he is withholding from my security deposit that he said had to be done. He did not mention these... Read more »
You have the right to challenge the landlord's deductions for damages from your security deposit. You will have to file a lawsuit against the landlord with the court where the premises are located and prove your case by a preponderance of the evidence. You may want to hire an attorney to...Read more »
We have been without AC for 2 weeks, and have a toddler and 70 lb dog living in the home. Due to the current situation in the outside world, we can't really go anywhere to escape the heat during the day. It is 84 degrees in all the bedrooms. The landlord told us that we could break lease... Read more »
AC is a necessity in a residential lease. The Landlord has a legal obligation to make sure the AC is working. If the AC is not working in hot weather, you should call the Office of Housing Code Enforcement for the county/city where the premises is located and make a formal complaint. An Inspector...Read more »
At anytime in the process, the parties to the dispute can settle the dispute/judgment by one paying the other an amount of money that is agreed upon. A simple written and signed settlement agreement should be made part of the settlement to memorialized the agreement. After the funds have cleared...Read more »
Our apartment is requiring 60-days notice of our Intent to Vacate but it is now 16 days prior to when we'll need to give this notice and they have yet to provide what our rent increase will be despite asking several times. Is there a timeframe they are required to provide this by prior to the... Read more »
The answer to your question depends on what is stated in the residential lease for the deadline date that the landlord to provide you with the notice as to what will be the rent increase. There is no provision in the Virginia Code that addresses this issue. It is a contract matter.
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