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Virginia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can i have a tenant assessment removed from record?

The lawyers made an agreement( without my consent) and case was dismissed but still shows up on record keeping me from getting another place to rent Actually a Tenants Assertion...

GV23007008-

AM

Case

Dismissed

Tenant's

Assertion

Maria T Patente
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answered on Feb 16, 2024

Your terminology "tenant assessment" does not have meaning in Virginia. Do you mean an Unlawful Detainer? If you had an unlawful detainer that was dismissed, then you had a good outcome. You can file for expungement of a dismissed unlawful detainer 30 days after the date of dismissal.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I rented a room from a friend,he kicked me out, no warning,his gf kept all my belongings what can I do to get it back?

I lived with him for 6months paid rent on time 2 months ahead actually. One day he tells me get out I was hospitalized due to my health and now his gf refuses to give me all my stuff she kept what she wanted and gave me a basket of trash and clothes random things. I just want my things.

Maria T Patente
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answered on Feb 11, 2024

I'm sorry this happened to you. If you lived in Virginia, it sounds like you have been "Unlawfully Excluded" from your residence, which is unlawful under Section 55.1-1243.1 of the Code of Virginia. If a judge finds that you have been unlawfully excluded, the judge can award you... View More

3 Answers | Asked in Criminal Law, Landlord - Tenant and Civil Litigation for Virginia on
Q: What do I need to do when a past tenet takes me with a warrent in detinue for belonging that wasn't left on the property

I received a warrant in detinue from a past tenant for belongings that wasn't left on the property

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 7, 2024

A Warrant in Detinue is a pleading used in a Virginia General District Court or small claims court to recover specific personal property, or the value thereof. The Plaintiff has the burden of proving title and that such specific property in the possession or control of the Defendant, or was... View More

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3 Answers | Asked in Criminal Law, Landlord - Tenant and Civil Litigation for Virginia on
Q: What do I need to do when a past tenet takes me with a warrent in detinue for belonging that wasn't left on the property

I received a warrant in detinue from a past tenant for belongings that wasn't left on the property

Seth E Allen
Seth E Allen
answered on Feb 26, 2024

I agree with the previous two answers. You are going to have to dispute the factual allegations made against you or a default judgment could be entered. Depending on how the tenancy ended could help in your defense. For example, did the tenant abandon the property, were they evicted and, if so,... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Mh roommates rental lease doesn’t say I can’t sublease and they never answered my call on it when I asked them twice.

If they’re not answering can I just sublease my part of the lease?

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

It is my understanding that in Virginia, the right to sublease is not automatically granted to tenants. Whether or not a tenant is allowed to sublet depends on the terms of their lease. For a comprehensive understanding and legal interpretation of these provisions, it is advisable to consult with... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: I pay rent with someone since on lease but don’t live there and the company took echeck option off without telling me

Do I have to pay the convenience fee since I was never told? I also don’t have any keys just to make sure that my roommate doesn’t have someone else live in there while I’m paying half her rent until she finds someone, can I legally get keys? I want to get out of this lease it’s a... View More

T. Augustus Claus
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answered on Jan 4, 2024

It's essential to carefully review the terms of your lease agreement to understand your rights and obligations. If the lease allows for joint payments or specifies a method for rent payment, you may need to adhere to those terms. However, if there have been changes to payment options without... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord raise my rent and change the dates of the contract?

My 1-year contract ended at the end of September 2023. I spoke with my landlord in July about renewing (I brought it up). She said she would love for me to renew for another year and never mentioned any changes to the contract. In September, I hadn't heard anything more about the contract, so... View More

T. Augustus Claus
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answered on Jan 3, 2024

In Virginia, a landlord generally has the right to increase rent upon providing proper notice, usually 30 days before the end of the rental period. However, the specific terms and conditions regarding rent increases and lease renewals should be outlined in the original lease agreement. If your... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My niece by marriage moved out a week ago but left her belongings in my home what should I do

She stayed in my home and never paid any rent

James L. Arrasmith
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answered on Dec 8, 2023

In such a situation, it's important to handle your niece's belongings with care and legality. Firstly, communicate with her, preferably in writing, to request she collects her belongings by a specific date. Give a reasonable time frame, considering her circumstances.

If she...
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1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for Virginia on
Q: Two bro own house . One lives in house, one at the lake Can lake bro come in home whenever no notice Can I trespass him.

Property was inherited from deceased parents. Older bro lives in house, gets his mail there and pays all house hold bills from home. The small bro lives elsewhere for years bu shows up and uses his childhoid key to come in house unannounced and uninvited. The last time he did this we called the... View More

Richard Sternberg
Richard Sternberg
answered on Dec 2, 2023

If one brother wishes exclusive use of the house, then he needs to buy the other brother’s half. Merely paying the bills doesn’t change that both brothers own it. Both brothers may use the undivided whole house. I know of no requirement for notice unless there is a lease in place giving... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord deduct for carpet cleaning fees when I have provided a receipt that proves I already had the service done

Carpet cleaning was required in my lease as a part of move out. The landlords and property manager did not provide a recommended cleaner when they reminded us to have the carpets cleaned before move-out, so I contracted one myself. During the in-person move out inspection, I informed the landlord... View More

James L. Arrasmith
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answered on Nov 13, 2023

In Virginia, if your lease required carpet cleaning and you've complied by hiring a professional service, the landlord should not typically deduct additional carpet cleaning fees from your security deposit, especially if you provided a receipt.

The key here is whether the carpet was...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I have a tenant in my house for almost months I got a court date coming up.How can I have someone to represent me since

Also can I request for the back rent leading up to the court date?

David G. Parker
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answered on Oct 17, 2024

I recommend that you consult with an attorney who regularly handles landlord-tenant disputes. If you have an unlawful detainer action pending in a district court then an attorney should be able to assist you. The lawyer should be able to explain to you the possible remedies (such as ordering... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Patents (Intellectual Property) for Virginia on
Q: In the last 24 hours landlord put lock on basement door not upstairs door knowing I am disabled

Up the narrow dangerous steps. I was forced to leave he destroyed everything in the basement family heirlooms business inventory Etc

James L. Arrasmith
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answered on Oct 9, 2024

I'm really sorry you're going through this difficult situation. Given your disability, your landlord may have violated both state and federal laws by locking you out and damaging your property. It's important to document all the damage and any communications with your landlord as... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: I've overpaid my rent for 6 months . They want to credit my account but I want a check.

This has happened to me before in this same apartment complex. Help.

Daniel P Leavitt
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answered on Sep 13, 2024

It is unclear how you overpaid rent. You should be able to get a check. I would submit a request for a check in writing making it clear you do not authorize them holding your money as a future credit. You may want to talk to an attorney if they refuse. I don't think they can do that unless... View More

1 Answer | Asked in Federal Crimes and Landlord - Tenant for Virginia on
Q: My lease says I can't "Violation of any federal drug laws" about weed. I live in Virginia. Can I smoke weed?

"Violation of any federal drug laws governing the use, possession, sale, manufacturing and distribution of marijuana, regardless of state or local laws. (So long as the use, possession, sale, manufacturing and distribution of marijuana remains a violation of federal law, violation of any such... View More

James L. Arrasmith
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answered on Sep 7, 2024

While marijuana may be legal for recreational or medical use under Virginia state law, it is still illegal under federal law. Because of this, your lease's clause about violating federal drug laws means that any use, possession, or distribution of marijuana could be considered a breach of the... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What type of lawyers will handle an eviction for non tenants?

I’ve filed an eviction notice to someone who refuses to leave my deceased dad’s home. They were given a no trespassing letter but I was told they would need to be served an eviction notice because they ‘receive mail there’. I have court coming up and don’t know what kind of lawyer I will... View More

Tim Akpinar
Tim Akpinar
answered on Apr 21, 2024

A Virginia attorney could advise best, but your question remains open for almost a week, and you say you say you have court coming up. You could start with landlord-tenant/eviction attorneys. You could add the "Landlord-Tenant" category to your post. Attorneys who practice in that area... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord sent me a copy of a water bill. But there was no address, account number ect. It's got be a fake, what can I

Do and what are my legal options? Why pay something that could be someone else's water bill? How can I prove its a fake bill?

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 2, 2024

You have your question backwards. It's up to the landlord to prove it's the bill for your property. You might call the water utility and ask about billing at your address.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Paid rent late. Bring charged 250 fee No record of UD on VA court website. Should I pay?
Seth E Allen
Seth E Allen
answered on Feb 27, 2024

I'm not entirely sure what your asking. However, if you are saying that you paid your rent late and your landlord is charging you a late fee, you should know the following. Late fees should not be more than 10% of the outstanding rent for that month. In order to charge late fees, that has... View More

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: What is the best way to make an occupant leave your home permanently? Can it be done in 30 days?
Richard Sternberg
Richard Sternberg
answered on Nov 1, 2023

You are missing a few facts, and, without the facts, any answer can't get any better than raging, bleeding malpractice. Further, revealing the facts in an open, Internet forum can be a raging disaster, potentially rising to the point that anything you tell the lawyer related to the facts you... View More

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1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Virginia on
Q: In Va can a landlord evict a person for marijuana on the property
Maria T Patente
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answered on Oct 19, 2023

Most leases in Virginia written for professional landlords include an express provision that prohibits controlled substances, including marijuana. Marijuana is still a controlled substance under federal law, and in Virginia up to one ounce is excluded from the criminal code. Absent these... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I want to take my name off of my moms lease, we co-signed for income reasons. Is it legal to have to forfeit the deposit

When I called to inquire about taking my name off of the lease due to moving out they said we would forfeit the entire deposit. I’m wondering why since my mom will still be a resident. And if it is justified that they take the deposit now, would she be held responsible for any damage costs upon... View More

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

A co-tenant can generally negotiate with the landlord and reach mutually agreeable terms for the removal of the co-tenant from the lease. A landlord is not required to remove a co-tenant from a lease just because the co-tenant decides to move out.

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