Rights of Tenants Concerning Evictions in Virginia
Tenants' rights concerning evictions in Virginia provide avenues for renters to stop illegal eviction maneuvers and clauses in lease agreements that might make it easier for a landlord to evict tenants without cause. These rights are different than those of some states, including the ability to withhold rent payments and rights to the security deposit.
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Illegal Lease Terms
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In Virginia, it is illegal for a landlord to include terms in a rental agreement that seek to relieve your rights as a tenant or permit him to circumvent the law when pursuing an eviction. Illegal lease terms include requiring you to pay a landlord's legal fees or removing your right to legal eviction proceedings. If a landlord attempts to enforce any illegal provision of a lease agreement, you may be able to sue him in civil court and obtain damages, including court costs, legal fees and punitive damages.
Eviction by Court Order
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Your landlord is required to obtain a court order to legally evict you from your rental property. This court order may be obtained by filing formal eviction proceedings in the Virginia district where the property is located. The landlord is required to show that she is in full compliance with the law, including giving you proper notice that the rent was due and allowing you reasonable time to make rental payments. If an order for repossession is granted by the court, a representative of the local sheriff's department supervises your actual eviction from the property.
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Rights to Security Deposit
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Even if you are evicted from your Virginia rental property you still retain rights to your security deposit. An exception to this rule occurs if you are evicted for nonpayment of rent, in which case your landlord may use your security deposit to pay your back rent. If you were evicted for another reason, including failure to abide by house rules or disturbing other tenants, you are entitled to follow the landlord as he inspects the dwelling after you have moved out. Your landlord is required to refund you any portion of your deposit not used for damages outside normal wear and tear plus any accumulated interest.
Defense Against Eviction
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In Virginia and other states across the country, a landlord is required to provide working utilities in every rental dwelling, including access to heat, running water and electricity. A landlord is also required to maintain the dwelling free of health hazards, such as mold or asbestos. If you can show a Virginia court at your eviction hearing that you withheld rent because of a lack of working utilities or the presence of health hazards, you may be able to avoid eviction. You are required to pay the court your withheld rent. The court holds your rental payments in trust until the building can be inspected and the landlord finishes repairing the dwelling.
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