The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Virginia Complaint - Damages for Wrongful Termination of Lease
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Multi-State
Control #:
US-03273BG
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Word;
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How to fill out Complaint - Damages For Wrongful Termination Of Lease?
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FAQ
Virginia law requires tenants to provide their landlord with written notice at least 30 days prior to terminating their month-to-month agreement or at least 120 days prior notice for one with no end date. Virginia doesn't require tenants to provide written notice for fixed-end-date leases.
Mitigation of damages is a duty that every party has in litigation to try to minimize their exposure before they get to suit.
You must give the landlord enough time to reasonably make the repairs. If the problem is an emergency (such as no heat in winter, or no water), your landlord must fix it immediately. This means within hours, or at most a day or two.
During the 45 days after you move out, the landlord can use all or part of the deposit for damages that you caused to the property, as long as the damages are not "reasonable wear and tear." For instance, if you lived somewhere for a long time, the carpet may not look new any more and the walls may need to be painted.
To cover lost income. In the state of Virginia, landlords aren't required to charge cleaning fees. That said, you may do so if the charge or fee is specified in the lease or rental agreement.
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.
Normal wear and tear speaks to the expected deterioration that is expected with the normal use of the property in instances where there is no negligence, carelessness, misuse, or accident caused by the tenant or any guests who may have been invited to the property. An example of this is fading wall paint.
Security Deposit Refund in Virginia After the end of the lease, landlords have 45 days to return all or part of the tenant's deposit. If there are any deductions, the landlord must provide a written itemized list of the deductions alongside the returned deposit.