A safe and healthy home is one of life’s joys and necessities. The public interest demands plentiful, safe, and healthy housing. Therefore, the Virginia Residential Landlord Tenant Act (VRLTA) imposes rights and responsibilities on both landlords and tenants in most residential housing leases. The Virginia Fair Housing Act prohibits unlawful discrimination that denies or threatens to deny housing based on “race, color, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, military status or disability.”

Landlords and tenants who undertake “self-help” will quickly find that their problems have multiplied.  For example, if a landlord unlawfully evicts a tenant by changing the locks or cutting off utilities, that landlord will likely incur substantial penalties. Similarly, if tenants unlawfully fail to pay rent, the landlord may begin eviction proceedings and recover various sizable fees. Disagreements between landlords and tenants should not escalate. If your issue has not been resolved after an initial attempt, call The Law Office of Maria T. Patente PLLC immediately for a swift and affordable resolution.

• Tenants
• Tenant Damage Awards
• Habitability
• Mold Remediation
• Housing Discrimination
• Landlords
  • Landlords Essential Document Packet
• Evictions and COVID-19 Public Health Laws

Tenants:

Federal and Virginia laws protect residential tenants with numerous rights.  For instance, tenants have the right to be free from illegal discrimination, the right to a fit and habitable residence, and the right to a written lease or the statutory lease of the Virginia Code. Landlords cannot enter a tenant’s residence without either adequate notice or cause, such as an emergency. Most importantly, a landlord cannot evict a tenant without complying with the terms of the lease and housing laws. Sometimes, lawsuits against landlords are more affordable than living in a dangerous or uninhabitable condition. Call today for a consultation about situations in your residential tenancy.

Habitability under the Residential Landlord Tenant Act

Most tenants have a general understanding of their rights, but they frequently do not know how to exercise their rights through the Virginia Courts.    Common problems experienced by tenants include unfit conditions, such as broken heating, plumbing, appliances or fixtures. However, simply refusing to pay rent is considered illegal “self-help”. Tenants who engage in self-help often forfeit their rights or incur other penalties.

If living conditions violate the lease or the law, Virginia provides tenants the right to make a “Tenant Assertion” or “Repair and Deduct.” Both of these rights, however, require the tenant to provide written notice to the landlord and allow reasonable time for repairs. When tenants fail to provide written notice of broken fixtures or appliances, the tenant also runs the risk of being held financially responsible. In addition, in order to file a case in a Virginia court, the tenant usually needs proof of written notice to the landlord, such as a certified mail receipt.

Tenants often suffer in silence thinking that it will make their lives better. Or, they may fear that they can’t find another better place to live. But, the truth is that acting immediately and effectively will benefit you in the long- term. Call the Law Office of Maria T Patente PLLC to find an attorney who knows where you’re coming from and will protect your rights, prosperity, and peace of mind.

Residential Tenant Damage Awards

You can afford dedicated effective legal representation as a client at The Law Office of Maria Patente PLLC. In some cases, prevailing tenants win monetary damages and attorneys fees. For example, the VRLTA provides statutory damages,  actual damages, and attorney’s fees for prevailing tenants in unlawful exclusion cases. Tenants frequently also recover actual damages and attorneys fees in cases of unlawful housing discrimination and can recover economic damages under the VRLTA.

Don’t suffer in silence in an unsuitable living situation. You deserve better. Call The Law Office of Maria T. Patente PLLC for a consultation today.

Landlords:

Landlords provide a valuable service by providing healthy homes to tenants. Housing is an industry filled with compliance issues. In order to start an action in Court, landlords have a burden of showing their own compliance with various legal provisions.  If a tenant fails to pay rent or damages property, expenses can add up quickly for the property owner. Acting swiftly saves the landlord money and peace of mind. However, under no circumstances can a landlord engage in “self-help” action.  Legal recourse must go through the Court. Otherwise, penalties are steep for landlords.

Landlord Essential Legal Documents

Landlords require numerous legal instruments to protect their real estate investments. The tenant applications, residential leases, and appropriate insurance policies provide the cornerstone of asset protection for residential landlords. The documents are the cornerstone of asset protection for residential landlords.

The Virginia legislature has made material changes to landlord-tenant laws in every year of the past decade. Landlords need current leases that are fully enforceable in light of changes to the Virginia Code. An outdated or unenforceable lease creates a costly liability. Landlords who value their property can protect their assets by customizing current and fully enforceable leases.

The Law Office of Maria T. Patente PLLC drafts and customizes landlord legal instruments including rental applications, leases, and tenant notices. The firm also provides other proactive legal services for landlords including negotiations and review of insurance policies, deeds of trust and mortgage instruments, marketing materials, and contracts with residential property management agents.

Evictions

 Eviction proceedings require compliance with numerous statutory provisions, and procedures must be followed precisely to win an award for possession and to eliminate multiple court appearances and delays.  Landlords must give timely, complete, and correct notices to the tenant under the terms of the lease and under the VRLTA.  If you are a residential landlord in need of advice with a difficult residential tenancy call for advice before damages accumulate.

Landlord Profitability, Reputation, and Cost Control

Landlords have many opportunities to increase tenant satisfaction and  to reduce legal expenses since landlords write the lease and establish policies. Compliance with housing laws related to advertising, application procedures, and maintenance can both improve a landlord’s business reputation and reduce risk and expense from problems.  The Law Office of Maria Patente PLLC offers comprehensive services including lease drafting, compliance counseling, and legal representation in Virginia Courts, whether plaintiff or defendant.   Call the Law Office of Maria T. Patente PLLC for the legal advice that will improve your business and bottom line.

DISCLAIMER: Content on this website is provided for informational, educational, and marketing purposes only, and does not constitute legal advice. If you seek legal advice on a specific situation, you should contact an attorney.