QUESTION

What can I do?

Asked on Jan 24th, 2015 on Landlord and Tenant Law - Virginia
More details to this question:
I am being evicted for breaching my lease. smoking in the apartments I live in is allowed, nothing in my lease says otherwise. a neighbor complained now my landlord says I am in violation of the objectable conduct, referring to the smell bothering them. they are terminating my lease as of 2/23/15. the landlord says I need to pay rent until 4/30/15. I feel like I am being taken advantage of and need to know if there is anything I can legally do.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
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.
Answered on Jan 24th, 2015 at 3:23 PM

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