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Website last updated on 6/18/04 |
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A lease is an agreement between a property owner (landlord) and a person wanting to use that property for a period of time (tenant). It may be in writing (in which case the renter should keep a copy in a safe place) or it may be oral. An oral lease is generally limited to the period of time for which the tenant pays rent, if rent is paid once a month, then the tenant has a month-to-month lease beginning the day rent is due and ending the day rent comes due again. If rent is paid weekly, then the lease is week-to-week. Written leases are generally for one year, but can be month-to-month or week-to-week also if they so stipulate. Neither landlord nor tenant may break a lease before its scheduled expiration date unless there has been a serious violation of the lease by the other party. If you have a written lease, read it carefully to see exactly what you must do to terminate. Many leases have automatic renewal clauses which provide for automatic renewal for another term unless written notice is given by either party a specified number of days before the scheduled expiration (usually 30, 60 or 90 days). Oral leases renew automatically unless terminated with notice a week or a month in advance. Any changes in the lease terms by the landlord can only be done by notice given on or before the tenant's deadline for terminating the lease. Whether a lease is oral or written, all notices by either landlord or tenant to terminate or alter the terms must be in writing. Tenants usually pay a security deposit when they first move in; generally in the amount of one month’s rent although up to two months can be legally charged. The landlord may make withholdings from the deposit for damages caused by the tenant beyond reasonable wear and tear, generally defined as unavoidable deterioration in the dwelling and its fixtures resulting from normal use. For example, carpet wear due to normal traffic is wear and tear, while a cigarette burn is avoidable and constitutes damages. If a tenant’s unit is part of a multifamily dwelling, or if it is a single-family residence and the landlord leases 11 or more such dwellings, the lease is covered by the Virginia Residential Landlord and Tenant Act (VRLTA), which requires the landlord to inspect the unit before and after it is vacated and gives the tenant the right to be present at such inspections. Even in non-VRLTA tenancies, a renter should arrange for and be present at a unit inspection to avoid later disagreements about damages. After deducting for damages, the landlord can deduct for unpaid rent. A tenant who has not given a proper termination notice could be liable for an additional month's rent or more if the landlord is unable after reasonable efforts to re-let the unit. Under the VRLTA, the deposit must be returned no later than 30 days after the unit is vacated; an itemized list of any deductions from the deposit must be sent the tenant within that time. The tenant is also entitled to interest for deposits held for more than a year. If the tenancy is not covered by the VRLTA, the deposit simply must be returned within a reasonable period. For VRLTA tenancies only, a tenant who has unsuccessfully complained in writing (oral complaints are insufficient) about maintenance problems affecting health and safety can file a Tenant’s Assertion and Complaint in General District Court and escrow their rent with the Court until the problem is resolved. Tenants cannot simply withhold their rent. Whether or not a tenancy comes under the VRLTA, landlords are prohibited from trying to evict tenants by locking them out or cutting off their utilities they must proceed through court by filing an unlawful detainer so their tenants will have an opportunity to tell their side to a judge. If you are served with an unlawful detainer, contact an attorney immediately. ALL LANDLORDS NOW BARRED FROM SELF-HELP EVICTIONS. An important change in Virginia landlord/tenant law went into effect on July 1, 1994. Now no landlord in Virginia may for any reason cut off a tenant's utilities or lock a tenant out of his or her unit without first going to court and getting an order of possession. Before July 1st, landlords who did not come under the Virginia Residential Landlord and Tenant Act had been allowed to attempt self-help evictions, that is, to try to put tenants out themselves without first going to court. Now landlords, regardless of how many or few units they rent, must go through court to evict, and all tenants now have basic due process rights of notice and an opportunity to present their side to a judge. The law gives a landlord the right to terminate a rental agreement before the lease term is up if there has been a serious violation of the lease by the tenant, such as nonpayment of rent, disturbing other tenants, or destruction of property. The landlord must give written notice of the termination. If a tenant is renting a unit in a multifamily dwelling, or is renting a single-family residence from a landlord who rents 11 or more such dwellings, the lease is covered by the Virginia Residential Landlord and Tenant Act (VRLTA). The notice in that circumstance must give the tenant the chance to correct the violation within 21 days if correctable by repairs, payment of damages or otherwise be out by 30 days (the so-called 21/30 day notice). If the problem is unpaid rent, the landlord may send a 5 day pay-or-quit notice which must tell the tenant how much is owed and inform him he must pay this amount within five days of receipt of the notice or else get out. If a landlord accepts full (not partial) payment of all rent owed by the tenant with knowledge of the tenant's lease violations, then he cannot seek to terminate the lease for those violations which occurred the period for which rent was accepted. If the tenancy comes under the VRLTA, the landlord can still seek to terminate if, at the same time he accepts the rent, he gives the tenant a written statement saying that the rent is being accepted with reservation. If the tenant has not left by the time stated in the termination notice, the landlord may initiate court proceedings to evict by filing an unlawful detainer action. These are generally filed in General District Court. Since July 1st 1994, all landlords must proceed in this way; landlords exempt from the VRLTA because they rent 10 or fewer single-family residences no longer have the self-help option. Whether or not they are covered by the VRLTA, landlords cannot cut off utilities or other essential services in an effort to evict the tenant. In Culpeper and Fauquier counties, on the court date indicated on the unlawful detainer warrant (called the return date), the judge will merely determine whether the tenant is contesting the eviction because of some factual or legal defense. If so, a hearing will be scheduled for another date. In Orange, Madison and Rappahannock counties, the Court will try the case on the return date unless the tenant asks for a continuance in order to prepare his defense. If after hearing all the evidence the Court enters a judgement for possession in favor of the landlord, the tenant has ten days to either note an appeal (and post whatever appeal bond the Court has set) or to vacate. After the ten days, the landlord can have a writ of possession served on the tenant by the sheriff. The sheriff by statute is required to give the tenant an additional 72 hours to leave. After that, the sheriff can return and put the tenant out. |
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