Virginia Landlord Disputes: Documents to File With the Court

So you have gone through the first step and given your tenant the appropriate type of notice to begin the eviction process. What happens next? After the timeline in the notice has passed, and if your tenant has not vacated the property or come current on the rent, the next step is to seek court help in evicting the tenant. In Virginia, an eviction is accomplished by filing an Unlawful Detainer in the appropriate General District Court.

So what is an unlawful detainer, and what are some things you need to be aware of before it is filed?

What is an Unlawful Detainer?

Any lawsuit in Virginia starts with documentation called a “pleading.” A pleading is a document which tells the court why you are asking for a legal decision and what facts support your request for legal relief. Eviction cases in Virginia are handled through a pleading known as an unlawful detainer.

An unlawful detainer tells the court a number of different things. The unlawful detainer needs to a) identify the property where the tenant is residing, b) identify the owner of the property as the plaintiff, c) identify the tenants of the property as the defendants and d) identify any damages that you may have suffered. Damages can include, but are not limited to, past due rent and destruction of your rental property.

Is an Unlawful Detainer the Only Required Document?

No, there are several other documents that are required to be filed with the court. Failure to file these documents may cause your case to be dismissed. These documents include, but are not limited to, a “soldiers and sailors affidavit,” which tells the court whether your tenants are in the armed forces, a copy of the lease, and a copy of the notice.

Why You Need A Lawyer

If you do not file the appropriate documentation with the court, or if you do not properly fill your the documentation, your case will be dismissed. If your case is dismissed, then your tenants may be able to stay in the property for longer than you had envisioned. This can lead to lost rent and, in some cases, destruction of your property. If you are facing eviction proceedings, hire a lawyer to make sure the proper steps are followed.

Virginia Landlord Disputes: Eviction Notices

Are you a landlord with a trouble tenant? If you are, there are some laws you need to be aware of if you want to begin the process of removing the tenant from your property. The process for removing a tenant from your property is known as eviction. There are several steps that you must take in order to do a lawful eviction, and several things you should not do during that process. Failure to properly follow the eviction process may result in legal issues such as forfeiture of the security deposit, delayed evictions, or even damages for the tenant.

So what is the first step of the process, and what are some basics you need to know?

How to Give Notice

The first major part of the eviction process is giving the appropriate type of notice to your tenant. There are several different types of tenants, and each type of tenant is entitled to a different type of notice. In order to have proper notice, you need to be able to prove to the court that the tenant received the notice that you sent. This is often accomplished by having your local sheriff serve the notice, or by posting the notice on the front door. Either way, make sure you can prove that your tenant received notice, or the notice clock may not start.

Types of Notice

As previously discussed, there are several types of notices that you may need to consider depending on your unique case. The three major types of notices are the thirty-day notice, the five-day notice, and the 21-30 day notice. These types of notices are given in different scenarios. For example, failure to pay rent on a year-to-year lease is often accompanied by a five-day notice. In contrast, eviction proceedings for a tenant failing to keep the property in working condition may require a thirty-day or 21-30 day notice depending on the nature of the damage and the terms of your lease agreement.

What Happens if You Use the Wrong Notice?

Using the wrong notice can have disastrous effects on your eviction efforts. A court cannot grant you an eviction if you did not give proper notice to your tenant. The reason for the notice requirement is to allow the tenant the opportunity to cure the breach of the lease within the amount of time provided. Tenants have a right to cure certain types of breaches of the lease agreement. If you do not give the appropriate notice, then the tenant may be entitled to return of the security deposit.

Why You Need a Lawyer.

A lawyer is important to have during the eviction process because you could become personally liable for not giving the appropriate type of notice. Failure to give the appropriate notice may also result in your tenant getting extra time in your property, resulting in loss of rental income. Therefore, if you are facing a trouble tenant, make sure you hire an attorney to walk you through the eviction process.

Virginia Landlord Disputes: Three Big Legal Changes

Are you interested in becoming a landlord or are you a landlord trying to stay updated on all the new laws in Virginia? There are several new laws that have been adopted by Virginia recently that you need to be aware of. These new laws may impact the terms of any leases you are currently using. As such, you may want to consider contacting a lawyer to help update your leases.

So what are these new laws, and what dangers to they represent?

Virginia Residential Landlord Tenant Act

Opt Out

Landlords that own less than five (5) investment properties used to be covered by a less strict version of the Virginia Residential Landlord Tenant Act. However, new law in Virginia requires that these landlords specifically opt-out of the provisions of the Virginia Residential Landlord Tenant Act. Failure to include specific opt-out language may result in your property being covered by the stricter rules that govern larger landlords.

This could result in significantly more overhead when it comes to maintaining your properties. Landlords that are covered by the Virginia Residential Landlord Tenant Act have more duties to their tenants. Some of those duties include, but are not limited to, maintaining the property in better working order.

Eviction Waiting Requirements

Virginia has also modified the length of time it takes to get possession of your rental property from a non-paying tenant. Landlords used to be able to request “immediate possession.” By doing so, the court could allow a landlord to immediately take possession of the property for repairs.

The new law limits a landlord’s ability to take immediate possession. The new law requires an automatic ten (10) day waiting period before you can perform a lock-out. It is important to know about this change as it may impact your timeline for re-letting the property. This language may also impact any agreements you have with your prospective tenants.

Foreclosure Dangers

Another recent change to Virginia Landlord/Tenant law is that leases now automatically terminate upon a foreclosure. Therefore, if you own a rental property and are foreclosed upon, your tenant may be subject to a quick eviction within a short period of time. This can have serious economic hardships for the tenant. Therefore, it may be a good idea to seek legal advice on how to put language in your lease to protect yourself from economic harm resulting from a foreclosure.

Why you need a lawyer

If you invest in real estate it is a good idea to have a lawyer review your contracts on an annual basis. Laws are constantly changing, and a seemingly mundane change in the law can have serious impacts on your ability to make a living. Make sure you regularly consult your lawyer on issues related to your properties.

Virginia Landlord Disputes: The Tenant's Assertion

Are you renting from a landlord? If so, you have rights that you need to be aware of. Virginia law protects renters from some of your landlord’s unfair actions. If you are the victim of an overly aggressive landlord, you need to be aware of how to protect yourself.

So what does Virginia law say about landlords, and what do you need to do if you have a dispute with your landlord?

What Virginia Law Applies?

There are two different laws related to Landlords and Tenants. The one that applies to your particular case depends on several factors including a) how many rental properties your landlord has and b) the terms of your lease. If you have a large business as your landlord, they are likely covered by the Virginia Residential Landlord Tenant Act. If you have a small family as your landlord that only has one rental, then you have fewer protections.

What are some common issues with your landlords?

Tenants can have any number of disputes with their landlord. Some common examples include mold, malfunctioning appliances, withholding security deposits, unlawful evictions, nosey landlords entering the rental without notice and refusal to fix certain problems with the property. Some of these issues are more serious than others, and the law has more protections for issues such as mold than it does for issues such as nosey landlords. For example, when dealing with visible mold, the Landlord has only five (5) days to fix the mold upon written notice.

What to do if you have a dispute with your landlord?

Under no circumstances should you refuse to pay rent to your landlord. Virginia law does not allow you to withhold rent. If your landlord isn’t doing what they are supposed to, you have to file what is known as a “Tenant’s Assertion” with your local court and send certain notices to your landlord notifying them of the problem. You will also likely have to pay your rent into court for at least one month. If you lose your case, your rent will be handed to the landlord. If you win your case, the landlord will be required to do whatever they were supposed to.

Why do you need a lawyer?

The tenant’s assertion process and deciding what notices need to be sent can be rather complicated, and there are deadlines to file these documents. If the landlord has filed for eviction, it makes it all the more urgent that you need to have a lawyer help you file the documentation at the appropriate time. If you fail to file what you are supposed to, the judge cannot consider your arguments. You should contact a local real estate attorney to discuss your rights when faced with an aggressive or negligent landlord. If you cannot afford to hire that attorney, there are several legal aid services throughout the state of Virginia to help you.

Virginia Domestic Relations: Family Abuse Protective Order

Domestic violence can happen to any family. If you or your children have been the subject of domestic violence, there are several protections under the law that are available to you. The court system has the power to protect you and your children from family members that are threatening or engaging in physical harm.

So what powers does the court have, and what do you need to know when requesting a protective order?

What is the Definition of Family Abuse?

A protective order can be granted by the court in circumstances in which you or your children have been the subject of family abuse. Family abuse is defined as “any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member.”

Family abuse can be as simple as a Father or Mother threatening to hit their children with an object of some kind. There does not need to be an actual physical attack to qualify as family abuse.

What Should You Do If You Were Subject to Family Abuse?

The first thing you need to do is to go to your local court and speak with the intake office about why you feel you have been the subject of family abuse. Documents will be sent to the judge and the judge will decide if the facts you have given are enough to prove family abuse. If you have established family abuse, the court then has a number of options. The first thing the court will do is enter an emergency protective order. If the court feels you were not subject to family abuse, then the court will deny your request. Either way, you also be given a court date in five (5) days for the court to determine whether a longer protective order is necessary.

What is in a Protective Order?

A protective order can have a number of different provisions. The court can require that the abuser vacate the home, turn over certain vehicles, let you keep telephones, prohibit contact, and much more. Protective orders can also vary in how long they are granted for. They can range from as much as two (2) years to as little as two (2) weeks. It depends on the severity of the case.

Why Hire a Lawyer?

Even if you file for a protective order and receive a preliminary one, it is important to hire an attorney to advocate for you in court. You must still meet your burden of proof for the judge to extend the protective order. Contact a lawyer if you have been the subject of family abuse.