Virginia Tenant Self-Help Right

State:
Multi-State
Control #:
US-OL13022
Format:
Word; 
PDF
Instant download

Description

This office lease form describes a tenant's self-help right dealing with its inability to utilize the premises due to a failure of an essential service or the failure of the landlord to comply with the laws, to maintain the building or to provide a service.

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FAQ

HB 1542 (Security Deposits) increases the length of time that landlords have to provide tenants with an itemization of damages to the premises and the cost of repair when damages exceed the amount of the security deposit. This time period is increased from 15 to 30 days under Virginia Code §55.1-1126.

Ing to Virginia landlord-tenant law, tenants have the right to live in a habitable unit that complies with proper housing regulations. Additionally, tenants have the legal right to request required repairs if the unit has any kind of damage that exceeds normal wear and tear.

55-222. Notice to terminate a tenancy; on whom served; when necessary. A tenancy from year to year may be terminated by either party giving threemonths' notice, in writing, prior to the end of any year of the tenancy, ofhis intention to terminate the same.

toyear tenancy in a nonresidential rental property may be terminated by either party giving three months' notice, in writing, prior to the end of any year of the tenancy, of his intention to terminate the same.

The Virginia Residential Landlord and Tenant Act (VRLTA), Sections 55-248.2 through 55-248.40 of the Code of Virginia, establishes the rights and obligations of landlords and tenants in the Commonwealth. Only the courts can enforce those rights and responsibilities.

§ 55-248.. Schedule of interest rates on security deposits. A. The interest rate established by § 55-248. varies annually with the annual rate being equal to four percentage points below the Federal Reserve Board discount rate as of January 1 of each year.

A landlord must receive a court order to evict a tenant. If a landlord tries to evict a tenant through any other means, this is referred to as a "self-help" eviction. Examples of a self-help eviction include shutting off the utilities or blocking access to the rental property.

In the event of a breach of the rental agreement or noncompliance by the tenant, the landlord shall be entitled to recover from the tenant the following, regardless of whether or not a lawsuit is filed or an order obtained from a court: (i) rent due and owing as contracted for in the rental agreement, (ii) other ...

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Virginia Tenant Self-Help Right