Virginia Landlord And Tenant Legal Questions

It would be impossible to answer this question without more information, such as what the grounds for eviction are.  The short answer is that yes Tenants can win eviction cases, but probably not for the reasons you state.  If they are being evicted for non-payment of rent and you have followed all of the proper notice requirements, then it is unlikely that these issues would stop an eviction.  They would have had to escrow the rent pursuant to Virginia Code 55.1-1244 or they can make repairs and deduct from the rent with proper notice given pursuant to section 55.1-1244.1.  Otherwise the rent pretty much has to be paid, unless the place has burned down or something else that would constitute a constructive eviction.  If they have paid rent and you are evicting them for some other reason then it is much harder.   ... Read More

It's not clear what your question is.  No, a Landlord generally cannot give you a 30-day notice to vacate in the middle of a lease term, although some leases have escape clauses for owners to do that in the event they want to sell their property or under other circumstances.  So we cannot know for sure without reading your lease.  But it sounds like you already moved out anyway, so this issue is moot. ... Read More

It sounds like what you have is a settlement agreement, not a court order.  You cannot evict and change locks until you have a court order for possession of the premises.  Then you must submit Writ of Eviction to the court in order to have the sheriff schedule the eviction.  That is when you can change the locks - when the sheriff is there with you for the eviction.  Except in certain circumstances there is no "self help" eviction in Virginia any longer.  You've done the right thing by filing the eviction with the court, but you have to see it through to the end.  The fact that you have another court date scheduled would indicate that it's not the end.... Read More

If you are still in the middle of a lease you could be held liable for additional months rent under the lease, even if you gave a proper 30-day notice.  Under the Landlord-Tenant Act you must give the Landlord a 21/30 day notice if the problem is something that can be fixed, which this presumably could be.  So your notice may have been defective.  If you're month-to-month and gave 30-days notice then you should be good to go, but the 30-days normally has to give until until the end of a rental period.  So if you gave yuor notice anytime in September AND you're month-to-month then that should be sufficient.  If you gave your notice anytime in October then you have to pay through the end of the next month, November. ... Read More

If the problems you are ahaving are as a result of your landlord's material breach of the lease, you would not be obligated to perform your part of the lease, i.e. you can leave without penalty.  However, if the landlord disagrees, you could be in for an expensive court fight in which it is not certain that the court will agree with you.... Read More

If you have lived in the motal room for at least 90 days then you are considered a tenant under the Virginia Residential Landlord and Tenant Act.  This means that they can't just lock you out if you don't pay the rent, but they woudl have to go through the legal eviction process, which is generally going to take a month or more.  Even if you have stayed there less than 90 days the landlord still has to give you a 5-day notice before locking you out.  So you should have some time.  If you have lived there more than 90 days and they lock you out that is illegal.  If that happens, call the Sheriffs and show them Virginia Code 55-248.3:1 - subsection D 3 and 4: 3. If a person resides in a hotel, motel, extended stay facility, vacation residential facility, including those governed by the Virginia Real Estate Time-Share Act (§ 55-360 et seq.), boardinghouse, or similar transient lodging as his primary residence for fewer than 90 consecutive days, such lodging shall not be subject to the provisions of this chapter. However, the owner of such lodging establishment shall give a five-day written notice of nonpayment to a person residing in such lodging and, upon the expiration of the five-day period specified in the notice, may exercise self-help eviction if payment in full has not been received. 4. If a person resides in a hotel, motel, extended stay facility, vacation residential facility, including those governed by the Virginia Real Estate Time-Share Act (§ 55-360 et seq.), boardinghouse, or similar transient lodging as his primary residence for more than 90 consecutive days or is subject to a written lease for more than 90 days, such lodging shall be subject to the provisions of this chapter. I would call the Sheriff rather than the police only because they are the ones who oversee evictions and so they are familiar with the process and should know what is legal and not.  Also if the landlord locks you out it is not criminal, it just makes them civilly liable.  Not criminal means the police won't care or know what to do about it.  Hopefully the Sheriff's office will help you, although they might just tell you to take it to court.  ... Read More

The landlord can not steal your things.  Even if you did owe them money, which it sounds like you do not.  There may be different ways of handling this, but I think the easiest would be to file in your local General District Court a Warrant in Detinue, which is basically a fancy way of saying "give me back my stuff."  The clerk at the court can provide you with the form to fill out or you can access it on the state court website here:  http://www.courts.state.va.us/forms/district/dc404.pdf.  You can file this in Small Claims Court, so you don't even need a lawyer.  You will need to list the value of each item, so that if you don't get your things back or if they have been disposed of or destroyed the judge can order the landlord to pay you the value of them instead. ... Read More

Assuming that your Landlord falls under the Virginia Residential Landlord and Tenant Act (which they do if they rent out at least 10 units and since you said it is an apartment complex they almost certainly qualify), what you need to do is file your rent in escrow with the General District Court for the county in which you live.  DO NOT WITHHOLD YOUR RENT.  It's possible you can get your money back, but it must be filed with the court within 5 days of when it is due.  Then the clerks can provide you with the form to file a Tenant's Assertion against the landlord for failure to provide a basic service.  When you go to court you can ask the judge to terminate your lease and give you back your rent money.  This is the only way to terminate a lease without risking further liability.   ... Read More

If the mobile home is titled in your name I don't see any reason why you can't move it.  Of course, you'll have to have somewhere else to put it.  It's not clear whether she is letting you keep it there rent-free.  Seems like you could work out a deal with her to split the rent she is collecting. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

You have the right to go to court and tell this story to the judge.  While judges are quick to evict people who have not paid their rent, they are reluctant to kick people out of their homes for other kinds of lesser breaches of the lease.  And it sounds like you didn't even breach the lease!  So you have a very good chance of winning this case.  As long as you have paid your rent in full, you will be in a good position to challenge this. Also, the landlord should have given you an opportunity to cure the alleged breach, since this is something that could be remedied.  If you were not given an opportunity to fix the problem, this could be grounds itself to have the case dismissed, depending on whether your landlord falls under the Virginia Residential Landlord and Tenant Act. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Without knowing any of the fact of your case regarding why the landlord was trying to evict you, I believe the the second judge is probably right on the substantive law, that is, that whether the landlord was running an illegal boarding house is a separate offense that probably has nothing to do with his allegations against you.  BUT you are correct on the procedure.  If the first judge dismissed the case with prejudice for whatever reason, even if he was wrong, then that case is done and your landlord should have to start over with a new notice.  Your remedy now would be to appeal the second judge's decision.  The judge in the Circuit Court will not care what either of these judges did.  It will be a whole new trial.  You have 10 days from the date of judgment to note your appeal and if the court sets an appeal bond, you have 30 days from the date of judgment to pay that.  Even if there is no bond set, you will still have to pay the write tax within 30 days of the date of judgment. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

It must be set forth in the lease agreement. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

If there was no meeting of the minds at the beginning and not even a discussion about how much the rent would be, she can't suddenly pull a number out of thin air and demand that you pay it.  Obviously, she can ask that you leave at this point, if you don't want to start paying rent.  But good luck to her trying to collect rent that was never agreed to! This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

Sue him in Small Claims Court.  Go to your local General District Court for your county to file the paperwork. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

There are special provisions in the law for military members who get called up to active duty or stationed elsewhere, but otherwise there is no way out of your lease.  I recommend that you try to work something out with your landlord, or try to sublease the unit, or hope that they can get it rerented quickly after you leave.  Otherwise, you are bound to the terms you agreed to in the lease. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

While you cannot ordinarily kick a spouse out of the marital home, except in rare cases such as when there is domestic violence, you can let a rental lapse at the end of the lease.  If your spouse fails to move out, the landlord may move to evict them and charge for any additional months of rent, which will show up on your credit report assuming you signed the lease.  Either one of you may enter into a new lease agreement with the landlord, if the landlord is willing, but if your spouse has not already moved out, this will not get them out since it is still a marital residence.  In any event, your spouse may seek spousal support in order to pay for a new place to live, if you were the one supporting them during the marriage.  All of these issues are the kinds of things that will be addressed by the court in a divorce, if you are unable to resolve them yourselves. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

While many oral contracts are legally enforceable, there are certain kinds of contracts that must be evidenced by a writing pursuant to what is called the Statute of Frauds.  Any contract regarding a transfer of land is one of those kinds of contracts that must be evidenced by a written document.  So your supposed transfer of this land is probably not legally enforceable.  Did you believe that you were the new owner of this property?  Obviously that would require a transfer of title to be filed with the land records.  I notice that you tagged your inquiry under "landlord and tenant" rather than under real estate, so that leads me to believe that perhaps you acknowledge that you were only renting the property or using it temporarily, rather than taking ownership.  Another issue in any contract is what we call legal consideration, which means that both parties must receive something of value in the transaction.  If he just gave it to you as a gift, that is possible, but the donative intent would have to be clear. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Of course you have a leg to stand on, but your case is against your sub-tenant, not the landlord.  Your obligations to your landlord under your lease are unchanged as a result of your subleasing.  If your subtenant has failed to pay the last month's rent, such that you had to pay it yourself, you can sue your subtenant in small claims court for the amount owed.  Of course, this will be easiest if you have a written sublease with him, but even without one, you have an oral contract that can be enforced in court. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

Wow, that is a harsh situation to be in.  Without any written lease, you are essentially an invitee or guest of his.  You could try to make the argument that you are a sub-tenant and that you have paid the other expenses in lieu of rent.  I'm not sure this argument would fly because tenants ordinarily have to pay a set amount on a set date each month to be considered "rent."  But the question is who would you even make this argument to?  Unless he takes you to court to evict you, you would not even have the opportunity to explain this to a judge.  Only tenants get to go through the legal eviction process.  If you are not a tenant, will he simply lock you out?  I'm assuming you have a key.  Will he change the locks?  If he does this, you should try calling the police or sheriff and explain that you've been locked out of your home.  Be prepared to show them a piece of mail or something with your name on it at that address to prove that you live there.  If you have any of the utilities in your name, that would be perfect, but I'm assuming you don't.  Perhaps a credit card bill or other "official" looking bill or letter would suffice.  But even so, there is no guarantee that they will help you get back in.  They may tell you that this is a civil matter and to take him to court.  I have successfully handled cases where we sought injunctions against landlords who had unlawfully ousted tenants without due process.  But those were cases where the tenancy was clear.  An injunction is a complicated legal process that would probably not be worth it in your case, since it is clear that you are going to have to find another place to live anyway.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

You do have legal recourse and as a coincidence the very first case I tried as a new lawyer was exactly the same as yours and we won!  What you can do is bring a Tenant's Assertion against the landlord and file your rent in escrow because there is a condition on the property interfering with your right to quiet enjoyment of the premises and the landlord has not remedied the situation after you put them on notice of the problem.  If you have not done so already, be sure to put your request in writing to them.  Essentially what your landlord should be doing, rather than asking you to move, is giving your upstairs neighbor a 21-30 day notice for them to cease the disturbing behavior within 21 days or that their lease will terminate in 30 days.  If the landlord does nothing to remedy the situation, then on March 1 you can file your rent for March with the General District Court for the county in which you live.  This is assuming that your landlord falls under the Virginia Residential Landlord and Tenant Act, which they probably will if it is an apartment building, which is sounds like it is. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read More

The Virginia Residential Landlord and Tenant Act has  provision for putting your rent in escrow with the court and filing a Tenant's Assertion against your landlord when he has failed to make necessary repairs.  However, that procedure is only available to tenant's whose landlords fall under that act.  Small landlords who rent out fewer than 10 units (in some counties, fewer than 4) are excluded from the act.  So if this is the only place your landlord rents, you cannot use that process.  In that case, your best option may be to contact the code enforcement office for the county in which you live and have them come out to inspect and cite him.  You may also be able to seek an injunction in court, but that is a complicated process and it would be difficult for you to do that without hiring a lawyer. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

It will primarily depend on what your lease agreement says.  If it says the tenant was responsible for utilities during the tenancy, then it should not matter that the account was in your name.  The fact that the tenant was paying the utilities up until the end shows that he knew he was responsible for the utilities.  Depending on the amount owed, you may be able to sue him in Small Claims Court or the General District Court of the county in which the property is located. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More