Landlord And Tenant Legal Questions

Not sure how to respond to this. Do you have an actual contract signed by the lawyer and paid them the full retainer? I ask, as being one of the few tenant lawyers, around and in my experience this complaint is made most often when the tenant hasn't actually retained the lawyer. That said, you need to get with that lawyer ASAP as a 7 day notice to evict is potentially critical to avoiding an eviction on your record. If you cant get ahold of them you will need to retain another lawyer immediately. ... Read More

Not on those facts. That you work at night or off hours is not the responsibility of others. Subjective "fears" and "anxieties" are not a basis to terminate a lease either. As to not having heat, that all depends on the details of what you are leasing and under what terms. There are different rules for trailers, apartments, and houses as to who is responsible for such things.... Read More

Depends on the terms and conditions of the tenancy. You likely take subject to the tenancy, and if the entire property was the subject of the tenancy - not the dwelling - the tenant is correct. This should have been addressed as part of due diligence on your part BEFORE you bought the property. ... Read More

Unfortunately, leases generally don't work that way. Your "change in circumstances" does not allow a landlord to breach a lease and remove a tenant from the property prior to the expiration of the lease. You will need to find other lodging until the lease expires and make sure that you comply with the lease and Chap. 83 as far as informing the tenant that you will not be renewing the rental. You will need to retain a landlord lawyer to address whether there are some exceptions or other circumstrances to consider. ... Read More

Not unless the lease provides for such. You likely have the right to refuse any cosmetic upgrades until the end of the lease, where you leave. THis interefers with the warranty of habitability and reasonable use. If there are habitability repairs made, such as hurricane issues,  if they cannot be done inside of 7 days, you will need to retain a lawyer to send a "7 day letter" and then terminate the tenancy on the 8th day if the repairs are not completed. ... Read More

Under the facts provided, she is correct and its not because you are married. Its because she is a "co-tenant" on a rent to own contract. Yes, she can "take what she wants" because you are still married and its all, in theory, marital property. You will need to retain a divorce lawyer and likely move forward with the divorce proceedings to address all of these issues otherwise. ... 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

You will likely need to retain a lawyer to sue for their removal. You can use the find a lawyer feature for this. If you try this on your own you might make things worse and find yourself getting sued or even embroiled in a criminal case as people doing what you described are often unhinged. ... Read More

Possibly. You will need to retain a lawyer to review all of the details of the RTO agreement. With real property there might be issues such as his ability to convey the title to you if the property was also owned by the wife and the probability you will be going through a probate situation to resolve this. ... Read More

Unless the deisgnated parking is written in the lease, you likely have no right to it. That said, if you are legally disabled you might retain a lawyer to do an ADA reasonable accommodation demand to designate a spot for you to park at or to place ADA parking closer to your residence. YOu might seek out legal aid to assist if you are eligible. ... Read More

You can reinstate by paying the back rent. Call the LL to arrange this, it saves them legal fees, tell them your plan and ask to work with them. Should work. If you do have to go to court, tell the judge the situation and ask them to allow you to catch up on rent, explain what happened and your repayment plan; if the landlord is getting paid in full, the court will be very sympathetic to your situation.   good luck if there is a problem, get legal help. many courts offer free legal aid; those lawyers will easily be able to help you.... Read More

You will need to hire a lawyer to respond to the lawsuit as to your rental interest in the property. Otherwise, if you fail to file a timely response, you will be defaulted (lose) and may be subject to whatever ruling is issued by the court without futher notice and without any input on your behalf. ... Read More

False pretense and forgery are very difficult and expense "defenses" to an eviction lawsuit and in most such cases inconsistent with such claims. By example, if the LL sues for eviction to recover possession of the property, arguing that the rental agreement is forged, simply reinforces that the tenant likely has no right to stay in the property, and should be evicted on demand. You will need to retain, not consult with, a lawyer ASAP as eviction cases have very strict and specific time frames for response that can result in eviciton simply because th tenant does not follow the rules. ... Read More

I would have to see the lease but unless tenant 4 co-signed the lease with your son, I would be curious how #4 got on the lease document I think a letter to the LL saying they are breaching their own clause in the lease and demanding #4 be housed elsewhere is the right way to go. I do not understand how #4 got on the lease in the first place... Read More

There is no means to answer this with the facts provided. If you have concerns try contacting local law enforcement or legal aid about whether they think you qualify for a restraining order. That said, while you might be able to have him removed from the property for a short period of time, unless he is incarcerated, he may ultimately be able to return to the property because he is an equal owner of the property. You might want to discuss either buying his interest inte the trailer or possible selling yours to him, or selling in general and spliting the profits - so that you can each find a place to live away from each other. ... Read More