Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
I was sent my lease renewal documentation the week before my current lease's end (Sept 2nd). I signed the Docusign and submitted it electronically on the 25th. The next day, I received an email notice saying that the document was voided by my leasing manager due to "incorrect rental... View More
answered on Aug 28, 2021
If both the landlord and the tenant signed the lease renewal, it is a binding contract by which both parties to the lease must abide.
Landlord lives in a different county from where rental property is located.
answered on Aug 27, 2021
In Virginia, the jurisdiction over the rental property lies in the city/county in which the property is located according to the Code of Virginia.
answered on Aug 26, 2021
The procedure in Circuit Court in Virginia is to file a Motion to Vacate/Set Aside the Default Judgment that was entered against you. You have the burden of proof to persuade the Judge that you were not living at the address at which the service of the process was allegedly made on the date the... View More
In an "Additional Terms and Conditions" clause, my "Short Term Rental Agreement" (lease) states "if the property is sold this rental agreement will be cancelled and your payment(s) will be returned." What does cancelled mean here? Does that mean I must vacate on the... View More
answered on Aug 22, 2021
As you reported, the lease's clause uses the word "sold" which would imply that on or shortly before the date of the "closing" the rental agreement will be cancelled and thus the lease will be terminated. Based on the type of lease, which is a short term lease, there... View More
Day vacate notice so I can renovate to eventually sell. Is this legal with current COVID guidelines?
answered on Aug 21, 2021
Selling is not a basis to evict, but the expiration of the lease is a valid basis to evict in VA. If you decide to hire a lawyer to assist with the eviction, I'm sure anyone who responds would be happy to help. Good luck.
answered on Aug 20, 2021
In Virginia, the landlord can terminate the month-to-month lease by giving a 30 day written notice to the tenant/occupants. The acceptance of rent applies only when the landlord has given the tenant a notice to pay or quit for a failure to pay rent and then the acceptance of the rent must be... View More
due to COVID, rental complex will be receiving rental assistance payment but gave notice 8/17 that lease will not be renewed and they must vacate as of 9/5th
answered on Aug 20, 2021
In Virginia, the landlord or the tenant has the right to terminate a month-to-month lease by giving the other party a 30 day written notice.
Our lease is up at the end of August. Over the past 3 months we have been paying the rent a little later in the month because I lost my job due to Covid and have not received my unemployment benefits. We are never more than a month behind in rent. We have 3 school aged children and the landlord... View More
answered on Aug 8, 2021
In Virginia, there is currently no prohibition for a landlord offering a residential rental property to a different tenant at the end of the lease term. The current prohibition is for an eviction of the current tenant.
answered on Aug 7, 2021
It depends on whether the judge views the internet as a utility. Certainly, you cannot shut off water, gas, electric, but arguably the internet is not a utility. You probably want an attorney to review your lease. I'm sure anyone who responds would be happy to help with this or the eviction... View More
answered on Aug 3, 2021
In Virginia, the law recognizes a tenant at sufferance or a holdover tenant.
After renting a condo for 5 years, the tenant is moving out. To avoid paying the last full month rent she sends termination notice and pays only prorated first five days of rent.
answered on Aug 2, 2021
In Virginia, a tenant has no right to pay a pro-rated rent for part of the month, even the last month after givign a 30 day written notice to terminate the month-to-month lease.
some renovations, how much notice do we legally have to give to the tenant to vacate the property.
answered on Aug 1, 2021
If you're in VA, it depends on when the lease ends. Moving into the property itself is not a basis to evict the tenant if there's a valid lease in place. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.
And the county is saying to get out can I be reimbursed for the expenses of my deposit and moving expenses if there’s no written lease but I have text messages saying I could move in?
answered on Jul 31, 2021
In Virginia, if the County has condemned the premises, you must leave the premises. As for the reimbursement of the expenses, you will have to make a claim in the Court in the jurisdiction in which the premises is located and seek a judgment against the other party. You will have the burden of... View More
My apartment was sold and they are planning a renovation of our kitchen and bathroom over the course of 1.5 months. I received mailed written notice that I had 30 days to choose one option:
1. Continue to rent apartment during rental at current rental price ($730) during renovations, sign... View More
answered on Jul 29, 2021
In Virginia, one party to a written residential lease for a specific Term cannot unilaterally change the terms of the lease unless the other party to the lease agrees to the changes in a written document. Based on your reported facts, it appears that the landlord is attempting to change the... View More
I bought a fixit upper property from an auction with a partner to fix the house and sell it. After remodeling the house, my partner rented the property for the last 5 years to 3rd. party and refused to sell nor give me my share of the rental income. The deed in both our names half and half.... View More
answered on Jul 26, 2021
If this property is in Virginia, the correct pleading is a Petition for Sale in Lieu of Partition, and, under Virginia law, the legal fees are paid off the top from the sale. As such, most attorneys will want some form of retainer to cover the initial fees, but those can be reimbursed at the end,... View More
answered on Jul 24, 2021
In Virginia, only a judge has the authority and the power to award attorney's fees that would be made part of an Order and/or a Judgment.
answered on Jul 24, 2021
In all contract matters, including a residential lease, the landlord or its agent, such as the property management, can require that the tenant will be for the landlord's attorney's fees if there is a dispute or otherwise.
answered on Jul 22, 2021
No. If you're an owner, the co-owner cannot evict you (and you cannot evict the co-owner either). If you decide to hire an attorney to assist, I'm sure anyone who responds would be happy to help.
The building has changed management companies in March and we have noticed these recurring monthly charges for "BH Liability" & "Monthly Trash".
There is nothing in our lease that talks about a $12 liability charge. We are required by lease to have our own renters... View More
answered on Jul 20, 2021
In Virginia, a lease is a contract that cannot be modified by a unilateral act by one party, unless all parties to the lease agree in writing to the modifications, which would include additional charges that were not contained in the original lease.
The state's website, www.courts.state.va.us provides info on cases held in general district courts in every city/county in VA. I used the info to deny a rental application based on unlawful detainers found under his name within the last 5 years, where the plaintiffs, (NOT the applicant!) were... View More
answered on Jul 19, 2021
If the denial of the tenant's application is based on facts and not on discrimination, then you are allowed to assert a denial.
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