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Virginia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Do I need to give notice to a person staying in my property in the state of Virginia? More details below.

Does not pay rent and is not in a lease agreement. Property damage has occurred by this person. If a notice needs to be given how long? Also do I need to go through the court system as in an eviction?

Steven Krieger
Steven Krieger
answered on May 31, 2022

If you're going to evict based on non-payment or property damage, then you do need to give notice and evict through the court process. If you're evicting based on a person who has no tenancy rights then arguably no notice is required, but even then, the safest thing to do is give notice.... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: How can I file a civil suit against an evicted tenant for over $100k in damages and costs?
Steven Krieger
Steven Krieger
answered on Apr 23, 2022

You'd just file a complaint for breach of contract in Virginia Circuit Court for the unpaid rent and any other damages (like property damage) and then serve the former tenants with the complaint. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: What is the definition of lease term?

After proper notification of termination of Virginia Association of Realtors Property Management Agreement, can prior property manager continue to collect management fees after new lease agreement is made with tenant by new property manager.

Richard Sternberg
Richard Sternberg
answered on Apr 5, 2022

It depends on what the contracts you signed said. Either read them yourself or retain counsel to help you understand them. It's not a bad idea to read them before you sign them, too.

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: short term 6 month lease was broken by tenant. deposit returned, had to pay broker fee to recruit new tenant. lawsuit

short term lease six month. Renter purchased a home 4 month later. Security deposit returned. I had to pay $,3000.00 broker fee to recruit new tenant. Now she has filed a lawsuit . Looking guidance

Richard Sternberg
Richard Sternberg
answered on Mar 29, 2022

Your description is not sufficiently clear. The tenant broke the lease. Nevertheless, you chose to return the full deposit without deducting for the rent or brokerage damages. Now, the tenant is suing you? Regardless of whether I understood you, you need a lawyer to review the facts. Perhaps it is... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My niece’s mother passed in December, 2021. How do I get her live in boyfriend out of the home?
Steven Krieger
Steven Krieger
answered on Mar 29, 2022

You'd likely have to provide a 30 day notice and then file an unlawful detainer with the court if he doesn't leave (assuming the boyfriend was not given the home in the will). If you decide to hire an attorney, I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Landlord - Tenant for Virginia on
Q: My landlord has given me a 60 day notice to leave as he “wants to sell” the home. We have been here a year and lease is

About to expire. I’ve talked with previous tenants and the landlord has done the same to them and refused offers that was given to buy. What can I do to stay?

Steven Krieger
Steven Krieger
answered on Mar 13, 2022

It depends on the specific language in your lease agreement. If there's a provision that permits the owner to terminate the agreement for purposes of a sale, then you're in a more difficult position. I'm sure anyone who responds would be happy to hep if you'd ie to hire an attorney. Good luck.

1 Answer | Asked in Domestic Violence, Elder Law and Landlord - Tenant for Virginia on
Q: My sister lives in Amherst, Virginia. A very controlling, manipulative, mentally unstable boyfriend won't leave.

How can she remove him and keep herself safe?

Steven Krieger
Steven Krieger
answered on Feb 22, 2022

She needs to provide notice and then file the eviction paperwork with the court. I'm sure anyone who responds would be happy to hep if you decide to hire an attorney. Good luck!

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I live in Va. My ex boyfriend is living in my home and wont leave.can I evict him? How long is the process?

He does not pay rent nor is he leasing. I own the home.I served 3 day eviction notice but he doesn't believe it's real and refuse to leave. Ive called police on him for harassing me in my home. He keeps attempting to hurt himself by falling down steps, falling on furniture and breaking... Read more »

Steven Krieger
Steven Krieger
answered on Jan 25, 2022

Yes, you can evict him. The specific process depends on what your agreement with him was. Was there a signed lease? Did he pay rent or perform some service in exchange for living there. That impacts the type of notice you give. If you decide to hire a lawyer, I'm sure anyone who responds would... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I have a tenant evicted who has not paid rent for over a year ?

This tenant refused to renew there lease last year stating they were moving and this fall filed bankruptcy.

F. Paul Maloof
F. Paul Maloof
answered on Jan 23, 2022

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 »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can you counter sue for attorney fees in a civil suit claim for eviction if you represent yourself?
F. Paul Maloof
F. Paul Maloof
answered on Jan 22, 2022

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.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord discuss a commercial tenants information?

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.

F. Paul Maloof
F. Paul Maloof
answered on Jan 14, 2022

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.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I take my previous roommate to small claims court, for failure to pay the remainder of our rent?

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 »

F. Paul Maloof
F. Paul Maloof
answered on Jan 11, 2022

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 »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My car was damaged beyond repair in my apartment assigned parking lot. Is the landlord liable for damages..

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.

F. Paul Maloof
F. Paul Maloof
answered on Jan 10, 2022

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.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Landlord - Tenant for Virginia on
Q: How should I proceed to ensure I am not being put out empty handed or because of a lie?

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 »

Tim Akpinar
Tim Akpinar
answered on Dec 25, 2021

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 »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Daughter was able to sign a lease with my landlord

Will I Was away taking care or father-in-law and my daughter was granted possession of my house. What can I do.

F. Paul Maloof
F. Paul Maloof
answered on Dec 17, 2021

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.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord got a writ of possession without me receiving with a notice and lied (proved) to obtain unlawful detainer?

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 »

F. Paul Maloof
F. Paul Maloof
answered on Dec 6, 2021

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 »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My boss is my landlord we had a verbal agreement, my husband passed away and the very next day my landlord change the

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

F. Paul Maloof
F. Paul Maloof
answered on Dec 6, 2021

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.

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What if anything can I do about my landlord not maintaining the driveway? It is in a mobile home lot where his brother

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?

F. Paul Maloof
F. Paul Maloof
answered on Dec 5, 2021

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.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: No written agreement, pay faithfully, almost uninhabitable conditions, still being threatened with eviction.

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 »

F. Paul Maloof
F. Paul Maloof
answered on Dec 3, 2021

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.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: : What happens if your landlord does not renew your lease and you do not move out on that date
Steven Krieger
Steven Krieger
answered on Nov 28, 2021

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 »

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