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COVID-19 Virginia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can A landlord evict before lease is up, and refuse to cooperate with Rent relief?

I have a valid lease ending May 2022 in Virginia

F. Paul Maloof
F. Paul Maloof answered on Sep 28, 2021

Generally in Virginia, when a tenant has not paid rent on the date it is due (you admitted you are behind in the rent) the landlord has the right to file an Unlawful Detainer and ask the Court to award (by Court Order) the Landlord possession of the premises and then for the right of the Landlord... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My tenants lease expired last year in Virginia, so now month to month. I wish to sell the house and have given her a 45

Day vacate notice so I can renovate to eventually sell. Is this legal with current COVID guidelines?

Steven Krieger
Steven Krieger 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.

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Landlord is not renewing the lease because she wants to offer to new tenants. Is this ok during Covid?

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... Read more »

F. Paul Maloof
F. Paul Maloof 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.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: I live in Virginia and I want to evict someone from my house. They have no lease agreement and do not pay rent.
Steven Krieger
Steven Krieger answered on Jul 9, 2021

Arguably, no notice is required if there was never a tenancy created, but to be safe, you could give a 30 day notice and then if they don't leave, you could file with the court. The eviction process is a bit complicated due to covid, so if you decide to hire a lawyer, I'm sure anyone who... Read more »

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: How do I go about evicting a tenant that has not paid rent in 2 months
Steven Krieger
Steven Krieger answered on Jun 30, 2021

You have to provide notice and then give them a chance to cure by paying. If they don't and if they don't apply for rental assistance then you can file with the court. I'd strongly encourage you to hire a lawyer to assist with the eviction process because it has been more difficult... Read more »

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My landlord texted me saying they are putting the house I rent up for sale. I am on HUD

I am on disability. I have anxiety and a son with special needs and don't leave the house due to covid. My landlord wants to list the house on the market and my lease is up AUG 31st. I'm worried about people coming into my home with covid it makes my anxiety worst and also my son with... Read more »

Steven Krieger
Steven Krieger answered on May 16, 2021

The first place to start is your lease agreement. Some leases have provisions that allow landlords access for showings within a certain number of days from the end of the lease. But if your lease does not permit showings or access for this purpose, then you do not need to permit the showings.... Read more »

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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Civil Rights for Virginia on
Q: LANDLORD FILED AN EVICTION AFTER TENANT ASKED FOR COVID RENT RELIEF; RENT WAS STILL TIMELY. WHAT CAN I DO?

LL wont cooperate with Tenant in COVID Rent Relief Pgm (Reqd by Va and CDC Moratorium Rules)

Managed to get Eviction DISMISSED BUT:

How can I force them to cooperate with RRP before resource pool is depleted!

F. Paul Maloof
F. Paul Maloof answered on May 1, 2021

The likelihood to force anyone to do anything these days is slim to none. You may be able to file a formal complaint against the landlord with the Office of the Virginia Attorney General in Richmond, VA.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Landlord sent certified letter saying she sold the property and wants us to move out. Am only 1 1/2 years into 3yr lease

Is this legal? Especially with covid?

Steven Krieger
Steven Krieger answered on Apr 28, 2021

Selling a property is not a reason to terminate a lease unless there is a specific provision in the lease agreement, so I don't believe you have to leave. If you want to leave early, it sounds like the landlord is willing to agree to a release and maybe even pay you to leave, but if you want... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: In Virginia, my tenant has given proper notice to vacate, but refuses to pay final month’s rent.

She wants me to use the security deposit instead, which gives her no incentive to clean the apartment etc. upon leaving. I’m fairly certain the security deposit will not cover the cleaning, damages, and back rent, and since she will not provide a forwarding address, I feel I am without options.... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 24, 2021

In Virginia, the tenant's security deposit is not permitted to be used for the rent, whether it is the last month's payment or another month's payment. If the tenant has not paid this month's rent, you need to follow the proper procedures of giving a notice to pay or quit and... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Im going to be homeless because people will not leave my mobile home for me to live there.

My mother owned a mobile home in moneta, va. She passed away on December 5 of 2020. I have all legal documentation proving my control of her assets, her power of attorney and where the mobile home is titled in my name and my name only. The people residing in the mobile home paid my mother weekly... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 27, 2021

You can file an Unlawful Detainer in Court and ask the Judge for an award of the rent arrearage and for possession. You may have to wait, however, to evict them, if they do not voluntarily move out, as a result of the CDC moratorium on evictions.

3 Answers | Asked in Products Liability, Real Estate Law and Landlord - Tenant for Virginia on
Q: I bought a place, rented it for a few months, lease is up, she is late but won't go. I need to move in my place

I bought a place but was renting and couldn't get out of my lease so rented for a few months with a lease. I had her lease end when my lease is up so i could move into the place i bought.

She won't leave and is always late with rent, What can i do? I have no where to live as... Read more »

Elizabeth Crego
Elizabeth Crego answered on Jan 27, 2021

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 »

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3 Answers | Asked in Landlord - Tenant for Virginia on
Q: I gave 45 days notice to terminate a month to month lease so I can move back in. Is tenant protected under moratorium?

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 »

Ross Cameron Hart
Ross Cameron Hart answered on Jan 18, 2021

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.

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Tenant has given notice to vacate the property but not allowing anyone to come to see the house due to covid.

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.

Thanks

F. Paul Maloof
F. Paul Maloof answered on Jan 16, 2021

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 »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My daughter put a security deposit down on a home for rent. They told her it was hers, and pulled all the "For Sale"

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 »

F. Paul Maloof
F. Paul Maloof answered on Dec 17, 2020

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 »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My landlord is evicting me because I cannot afford rent due to covid-19, am I covered under Trump's new law.

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 »

Steven Krieger
Steven Krieger answered on Sep 9, 2020

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 »

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can my landlord non-renew my lease and evict my family during COVID? I am on the housing choice voucher and pay on time

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 »

Steven Krieger
Steven Krieger answered on Sep 6, 2020

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 »

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1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Landlord - Tenant for Virginia on
Q: How does one "erase" the filing of a UD petition that is later non-suited without judgment?

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.

F. Paul Maloof
F. Paul Maloof answered on Jul 18, 2020

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 »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord evict with reservation twice?

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 »

Steven Krieger
Steven Krieger answered on Jul 14, 2020

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 »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Do i have to allow my manager in my apartment during covid pandemic?
Elizabeth Crego
Elizabeth Crego answered on Jul 14, 2020

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 »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord contact all hours of the day or night through phone calls and text messages?

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.

F. Paul Maloof
F. Paul Maloof answered on Jul 12, 2020

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 »

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