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A tenancy at sufferance is created when a tenant wrongfully holds over past the end of the durational period of the tenancy (for example, a tenant who stays past the experation of his or her lease).
1 The VRLTA applies to all jurisdictions in the Commonwealth of Virginia and cannot be modified except by the General Assembly. 2 The VRLTA applies to all single-family and multifamily dwelling units and multifamily dwelling units located in the Commonwealth.
IMPORTANT TIP: Under Virginia law you are considered a tenant at sufferance if you do not have a lease or pay rent. This means that you can be evicted for any reason at all, at any time and no particular notice needs to be given to you.
Virginia renters have special protection against evictions until June 30, 2022. Landlords cannot evict tenants for non-payment of rent (because of COVID hardships) unless they follow these rules: The landlord must give the renter a 14-day notice that informs the renter about the Rent Relief Program.
Tenants and landlords have legal protections under the Virginia Residential Landlord and Tenant Act (VRLTA). The VRLTA applies to most residential rental properties in Virginia. As a renter, there are certain rights and responsibilities that come with renting a home in Virginia.
The VRLTA establishes the rights and obligations of landlords and tenants in Virginia. The VRLTA supersedes all local, county, and municipal landlord and tenant ordinances. It also prohibits certain lease clauses. The VRLTA covers most residential rental agreements.
Eviction ProcessSTEP 1 Notice to Pay (14 days) or Quit (30 days)OR.STEP 2 Pay Before Notice Period Ends.STEP 3 Summons Unlawful Detainer Requested by Landlord (Va.STEP 4 Pay On Or Before The Court's Return Date.STEP 5 Bring Redemption Tender To Court.STEP 6 Return Court Date (And Trial)More items...
NOTE: Under Virginia law, if you do not have a lease, and you do not pay rent, you are considered a tenant at sufferance. This means you can be evicted for any reason at all, at any time, and no notice needs to be given to you. Under this circumstance you can go from tenant to trespasser very quickly.
Under Virginia law, regardless of whether you're covered by the VRLTA, all landlords must do these things: Follow building and housing codes affecting health and safety. Make all repairs needed to keep the place fit and habitable (livable). Keep the common areas clean and safe.
The main difference between a tenancy at sufferance and a tenancy at will is that the landlord has actually given permission to a tenant at will to live in the rental property after the original lease agreement has ended. It's a matter of consent. A tenancy at sufferance occurs without the landlord's permission.