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 »
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.
Would my landslords insurance be responsible for my medical bills and time lost from work?
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 »
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 »
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.
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.
The common law covenant to quiet enjoyment does not apply to the facts as your stated in your inquiry.
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).
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.
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 »
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.
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 »
In Virginia, there is no such exemption.
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.
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 »
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.
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.
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.
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.
H
If you move out in 5 days, the landlord will file a Warrant in Debt since possession is not an issue.
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?
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 »
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.
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 »
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 »
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.
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 »
I regret that I do not handle S8 matters. Sorry.
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 »
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.
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 »
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
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?
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
Share this page
Facebook
Twitter
Linked-In
October 27,... Read more »
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 »
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 »
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 »
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 »
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.
