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-   -   Virginia law regarding eviction (https://www.askmehelpdesk.com/showthread.php?t=481343)

  • Jun 20, 2010, 12:57 PM
    Filmscored
    Virginia law regarding eviction
    I am a tenant in a house where the owner of the house also lives in. She gave me a notice to move within 30 days, yesterday June 18th. It was on grounds of possible damage to her property because of my dog who had an injury. I won't go into the paticulars because I have agreed to move out. However, less than 24 hours of the notice she wants my dog out tonight and most of my possessions out as soon as possible or she is going to start withholding money and/or charging me more. Is that legal? Can she go back on a written agreement to have my possessions out within 30 days? If it is illegal, what are the proper channels to pursue appriopriate action?

    Thanks
  • Jun 20, 2010, 01:33 PM
    Fr_Chuck

    No, assuming you have a current verbal rental, and she has now given you a 30 day notice, she has to abide by that same 30 day notice.

    If she wants to help pay for you to store things, you can ask her to help pay to move things.

    You don't if you don't want to, if she withholds deposit, then you sue her in small claims court
  • Jun 20, 2010, 03:12 PM
    Filmscored

    Actually I should have mentioned that her requesting to have me move my possessions out less than 24 hours after she gave me the original notice and the original notice are both in writing.
  • Jun 20, 2010, 03:38 PM
    ScottGem

    It doesn't matter. She can't summarily throw you out. She has to given you sufficient notice. Also, was she aware you had a pet when you moved in?
  • Jun 20, 2010, 03:50 PM
    Filmscored

    Yes she was informed of my dog prior to the move and there were clauses written into the lease about my pet and the care of both pets, she also has a dog.
  • Jun 20, 2010, 04:00 PM
    excon

    Hello F:

    In addition to the fine advice you received, the 30 day notice MUST include a complete rental period. Therefore, you can consider the 30 days notice to be effective on the day before your rent is due. That'll give you a few more days, assuming your rent is due on the first.

    excon
  • Jun 20, 2010, 04:27 PM
    Fr_Chuck

    Also unless your actions violated the written lease, she can't even force you to move. So you can actually refuse, let her take you to court and make her prove you broke some term of the lease
  • Jun 20, 2010, 05:28 PM
    ScottGem

    That's why I asked if she knew about the dog. Even if the dog did cause damage, since she was aware of the pet she should have given you the option to repair the damage. However, since you agreed to move out, that may now be moot.

    The eviction process works like this, forst she serves you notice for termination of lease. You then have a least 30 days (VA law may require a full rental period) to vacate. If you don't vacate then she has to file for an eviction order which means a hearing before an eviction order is issued.
  • Jun 21, 2010, 03:54 AM
    Filmscored

    After doing further research, I have discovered that she may not even be the actual homeowner on the deed, as indicated on the lease. If that is the case, that makes the lease null and void, correct? Also, if that is the case then could I ask for all of my rent back since the lease was never valid?

    Thanks
  • Jun 21, 2010, 03:59 AM
    excon
    Quote:

    Originally Posted by Filmscored View Post
    If that is the case, that makes the lease null and void, correct? Also, if that is the case then could I ask for all of my rent back since the lease was never valid?

    Hello again, F:

    Home owners can hire managers who sign agreements on their behalf. So, you got NOTHING.

    excon
  • Jun 21, 2010, 05:20 AM
    ScottGem

    As long as she was empowered to act for the owner, then that does nothing to void the lease. Even if she wasn't you still made use of the premises so I doubt if a court would order a refund.

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