I think there are some details that need to be considered before determining what you can do. You said your lease is up, but it's unclear as to whether the lease for the property you own is up. If it is not, you will have to wait until the end of the lease period unless she fails to pay rent...Read more »
The month-to-month lease they signed states I must give at least 30 days notice - i gave 45. I need to move back into my house. Tenant now (30 days after notification) states they are protected under Federal COVID eviction moratorium and will not leave. Is this true? They are willing to pay another... Read more »
My understanding is that the moratorium is only for non-payment of rent. Any other reason (not money) for termination of a lease is still valid. I suggest you contact an experienced landlord tenant lawyer in that area for advice.
Tenant has given notice to vacate the property but not allowing anyone to come to see the house due to covid. Not even Allowing to video tour. Is there something I can do? I have a standard Virginia realtor agreement.
The standard NVRA lease form gives the landlord authorization to access the premises after giving the tenant written notice. If you gave the proper notice and the tenant is refusing to give you access to the premises to show the premises to possible future tenants, the tenant has breached the lease...Read more »
signs from the yard. They were set to move in on the 1st. They called and said they sold the house anyway. She has two weeks now till her current lease is up and nowhere to go. They didn't sign any papers for the lease yet. Is there anything that can be done other than just getting her deposit... Read more »
Given the facts your reported, it sounds like your daughter had an "oral" agreement, but it was not reduced to a written and memorialized contract, to assure her rights to the rental. She certainly has a right to the return of the security deposit from the owner. She could bring a...Read more »
I have given her time as its pandemic situation. But she has not been responding to my texts or calls. I have asked her multiple times about rent but she is not responding and refusing to meet me or let me into the Property.
You can proceed with giving her a 5 day pay or vacate notice, and then filing an Unlawful Detainer in court five days after she receives that notice. The Unlawful Detainer, if granted by a judge, gives you the right to file a Writ for Eviction, which is what the sheriff uses to evict her. There are...Read more »
We had court on Jun 24 2020 and we were turned away because we didn’t meet the criteria to enter the building due to Covid. The deputy told me to call the clerk and and it was to late to even call because the judge declared my dog dangerous. I need a lawyer my dog hasn’t hurt a fly? The dog is... Read more »
Unfortunately unless you already noted your appeal, your options are going to be severely limited. I would get an attorney ASAP who can advise you if you can have a motion to rehear on the case, if you haven't appealed. Someone locally should be able to better advise you of a potential...Read more »
I cleaned homes for a living and and unable to work because of the virus and not being able to go into people's homes for my safety and my family safety my landlord is trying to evict me due to not being able to pay and he has also denied taking rental assistance from step Incorporated. I have... Read more »
The landlord will be able to take you to court and get a judgment for possession and unpaid rent against you, but the landlord will not be able to get the final step complete (the actual lock-change/removal) while the judicial emergency exists, which was recently extended to October 11 (and could...Read more »
I am in Virginia and unemployed but I pay my portion of rent on time with my unemployment and the Federal Housing Choice Voucher pays . The landlord is listing the house for sell and the Realtor said she will conduct open houses and have buyers come into the house whenever they want. I am high... Read more »
You probably will not be able to prevent an eviction, but you can slow down the process and you're not required to allow access whenever the landlord or their agent wants to show the property to prospective buyers. All that being said, the moratorium is only for non-payment of rent evictions...Read more »
I wanted to file for Uncontested Divorce. I'm in the military based here in VA. Been living here since JAN2019. I'm married to my wife MAR2016. We are physically separated since DEC2018. My wife is living outside the country (Dubai,UAE). We don't have properties or debts even kids... Read more »
"If a member of the Armed Forces of the United States has been stationed or resided in the Commonwealth and has lived for a period of six months or more in the Commonwealth next preceding the filing of the suit, then such person shall be presumed to be domiciled in and to have been a bona fide...Read more »
This will be an issue for many "first time civil defendants" who are filed upon by landlords for UD during the COVID period. There is legislation that enables relief in 2022, but that will be too late for many.
The general procedure to accomplish your goal is to file a Motion to Vacate the Judgment, however, a non-suit means that the plaintiff withdrew the case and claims so there is no judgment to vacate. The original case's information cannot be "erased" as you described it. These are...Read more »
I had an eviction in March, paid it before the court date, the landlord said it was an "eviction with reservations", never gave me paperwork. I found out because I fell behind due to the pandemic, he then file the eviction. He went completely through with the eviction, I paid that in full... Read more »
If you were fully caught up, there is no "reservations." You fully redeemed the property, but if you fall behind again, then the landlord could issue you a new default notice and file for eviction. If you decide to hire an attorney to help, I'm sure anyone would responds would be...Read more »
You are required to give your landlord (or the landlord's representative in this case) access to the property, immediately if it is an emergency, or with reasonable notice if it is not an emergency. It is also reasonable to require that the manager be wearing a mask and be physically distanced...Read more »
I have a landlord that has threatened to evict me throughout this "pandemic". I have paid rent every month except June, he has called me, text me, at any and all hours of the night/morning even after filing for eviction.
As of June 24, 2020, the prohibition on evictions in Virginia was lifted. Your residential lease should have a provision for how often and by what means the landlord can contact you. If there is no provisions, the Code of Virginia does not provide one. In any event, you should send the landlord 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 »
If the judgment was recorded in a circuit court in Virginia, as the 20 year period for the first period of the judgment approaches, you must file with the same circuit court a Motion to Renew the Judgment. If the Motion is granted, it will extend the judgment for anther 10 years. The debtor's...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 »
I am the executor. But I have to wait to be qualified. Courts have been closed since March. Everything is delayed due to Supreme Court ruling in Virginia. My parent passed in early May. Bills need to be payed. I am willing to pay from my own money to keep power, water etc going as I already lived... Read more »
I'm not sure that you have any duties until the Court appoints you as Executor or Administrator, but it would seem to be in your interest to pay the bills to keep the utilities turned on. In many places, utility companies have either voluntarily or by state orders indicated that they will not...Read more »
I have a buyer for my home, Due to no fault of my own I cannot purchase my condo because of covid and lenders put halt on funds. This sale is contingent on the successful sale, close and disbursement of funds for the property. I don't know what my rights are?
This is a unique and unanticipated situation, and we are all struggling to determine the legal effects. The answer starts with reading your contract. There are no precedents that say: "If your sale is halted by Covid-19, the result is always ABC regardless of what your contract says."...Read more »
There is nothing in the Virginia Code that addresses your factual situation. Your commercial lease may have terms and conditions that address the rights of the landlord and the tenant in your factual situation. if you cannot resolve the matter with the landlord, you will have to seek a decision by...Read more »
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