Landlord/Tenant Law
The Landlord and Tenant relationship in Virginia is governed by two bodies of law in Virginia. Generally, the Virginia Residential Landlord and Tenant Act (VRLTA) incorporates and codifies common law rules which govern the majority of Landlord and Tenant situations, including the professional Landlord. Even so, VRLTA does not apply in two significant and very common situations: that is when a landlord rents four (4) or fewer single family homes (allowed 10 or fewer where in County) and properties rented under a contract for sale. In those instances, VRLTA does not apply and the relationship is controlled by Virginia Landlord and Tenant Act which contains fewer restrictions and protections for the parties. The parties outside of VRLTA, however, may elect to have the VRLTA apply by specifically including language in the contract.
Lease - Preparing or Reviewing Lease
Lytle Law, P.C. regularly prepares and reviews leases for individual landlords and property managers. We're confident that Lytle Law's longstanding and extensive real estate practice affords clients optimal representation in Landlord and Tenant matters, including Lease preparation and review.
Basic Terms to Include:
- Full names of the parties
- Description of leased premises
- Date of execution
- Rental Period and Amount
- Security Deposit Amount
- Utilities and who furnishes
- Required disclosures
- Lead Paint Prior to 1978
- Whether Agent Manages; Name of Owner and Address Where Notice to be sent.
- Pet Policy
- Incorporation of Rules and Regulations
- Subordination of Mortgages
- Attorney Fees and Late Charges
- Insurance
- Assignments and subletting
- Termination or automatic renewal
Every adult living in the premises.
Evictions
Of course, no Landlord wants to evict tenants. Ideally, the Landlords conduct background checks and contract only with sterling, non-defaulting tenants who pay promptly and properly maintain the property. Unfortunately, even with the best research and background checks, circumstances do arise where there is no alternative but to evict the tenant.
No matter how dire the situation, under no circumstance should a Landlord rely upon self-help in evicting a tenant. In all cases, the Landlord must operate under the parameters set forth under the applicable Virginia Landlord and Tenant Law.
Grounds for Eviction:
- Failure to Pay Rent
This is the most common ground for eviction. Typically failure of the tenant to pay rent constitutes a substantial breach. Prior to filing a Summons for Unlawful Detainer (eviction notice) the Landlord must first provide the tenant with a Five Day Notice to Pay or Quit. If the tenant fails to pay after five days of providing notice, the Landlord may then file and serve the Summons for Unlawful Detainer.
- Holding Over
Once the Tenant is served with proper notice or the Tenant gives notice to vacate and then remains in possession of the premises without the consent of the Landlord after the lease expiration date, the Landlord may bring an action for possession, actual damages and reasonable attorneys fees.
- Breach of VRLTA Duty
The tenant's duties under common law have been incorporated into the VRLTA. Failure to perform these duties is grounds to terminate the lease in accordance with the VRLTA. Some VRLTA tenant duties include:- Comply with building and housing codes affecting health and safety
- Keep premises clean and safe
- Remove all garbage and waste
- Keep plumbing fixtures clean
- Keep all utility services paid for by the tenant on at all times during the lease.
- Not intentionally or negligently destroy or deface property
- Abide by rules and regulations imposed by landlord
- Allow reasonable access to premises to Landlord to inspect, make necessary repairs and show the premises to prospective tenants, purchasers, mortgagees, contractors, etc.
- Breach of Lease Provision
A breach of a lease term is grounds for eviction after proper notice as long as the provision is not prohibited by law.
Eviction Process
The eviction process commences by filing a Summons for Unlawful Detainer in General District Court and serving the same upon the tenants. Once filed and served, the court will typically schedule a return date for 3-4 weeks later. The Unlawful Detainer allows the Landlord to recover a money judgment for unpaid rent, late fees, attorney's fees and costs under the lease, in addition to recovering possession of the property.Typically, if the tenant fails to appear the court will grant immediate possession upon request. That simply means that the Landlord may immediately file a Writ of Possession after which the Sheriff should, within about 10 days but no sooner than 72 hours after service of the Tenants, arrange for a convenient time for the Landlord and Sheriff to meet at the property for the eviction. Should the Tenant appear in court, then the court will require the Landlord to wait an additional 10 days before filing the Writ of Possession.
As for the eviction process, the Sheriff merely serves the role of ensuring that the Tenants are removed from the property safely and maintaining the peace while the contents are removed and locks changed. The Landlord has the option of changing locks and locking the contents in the house while making them available upon request for 24 hours. This is not usually suggested because it can lead to damage to the property. The preferred choice is for the Landlord to provide the necessary manpower to remove the contents remaining in the house and leave them on the curb for 24 hours before disposing of them.