Evictions (including Lockouts and Utility Shutoffs)
Every tenant has the legal right to remain in their rental housing unless and until the landlord follows the legal process for eviction. The process depends on whether your rental housing is covered by the Virginia Residential Landlord Tenant Act (VRLTA). Generally speaking, the Virginia Residential Landlord Tenant Act, or VRLTA, applies to apartment complexes, regardless of the number of apartments; single-family houses, if the landlord rents out more than two of them; and hotels, motels, or boarding houses if the tenant has been renting for more than 90 days or has a written lease for more than 90 days. If your rental is not covered by the VRLTA, there may be other state laws that apply to your situation. If you do not know which law applies, you should seek advice from an attorney.
Getting Repairs
You have the legal right to live in a home that is safe and healthy. You must follow the law to get bad rental housing repaired. To fix problems that make a home unsafe, the law divides the duties between the landlord and the tenant. You are a tenant if you pay regular amounts of rent during regular time periods, such as once a month or once a week. You also are a tenant if you have lived in a hotel or motel for more than 90 days, or you are subject to a written lease for a period of more than 90 days.
Security Deposits
Under Virginia law, landlords and tenants must follow specific rules about security deposits. You are a tenant if you pay regular amounts of rent during regular time periods, such as once a month or once a week. You also are a tenant if you have lived in a hotel or motel for more than 90 days, or you are subject to a written lease for a period of more than 90 days.
Tenant’s Right to Prevent Eviction for Non-payment of Rent by Redemption, Redemption Tender, or Extended Redemption
If your landlord wants to evict you for not paying rent, the landlord must give you a written notice to either move or pay rent in 5 days. If you pay the rent in 5 days, you get to stay. If you do not pay, the landlord can start an unlawful detainer action (an eviction) in General District Court (GDC) by filing a Summons for Unlawful Detainer. You do not have to move just because your landlord has given a written notice, or because your landlord has filed in court. If the court finds you do owe rent, you can be evicted. However, you may be able to prevent eviction by paying all amounts owed, or by offering to pay all amounts owed, if there are no other reasons stated for eviction.
Can My Landlord Bar My Guest From My Rental Property?
A landlord can keep your guest from coming to the house or apartment that you rent if that person breaks the rules in the lease or breaks the law. This applies to rental properties covered by the Virginia Residential Landlord Tenant Act (VRLTA) and to mobile home parks covered by the Manufactured Home Lot Rental Act (MHLRA).
Repairs and Maintenance of Rental Property
You have the legal right to live in a home that is safe and healthy. You must follow the law to get bad rental housing repaired. To fix problems that make a home unsafe, the law divides the duties between the landlord and the tenant. How these duties are divided depends on whether your rental housing is covered by the Virginia Residential Landlord Tenant Act (VRLTA). Generally speaking, the VRLTA applies to apartment complexes, regardless of the number of apartments; single-family houses if the landlord rents out more than two of them; and hotels, motels, or boarding houses if the tenant has been renting for more than 90 days or has a written lease for more than 90 days. If your rental is not covered by the VRLTA, there may be other state laws that apply to your situation. If you do not know which law applies, you should seek advice from an attorney.