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  1. #1
    Join Date
    May 2013
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    2

    Default Is One Property Landlord Exempt from Law and Able to Evict Me

    My question involves an eviction in the state of: Virginia - specifically the City of Virginia Beach, which as it's own laws. And thank you for being here!!!!

    Rented a condo through the Crap Realty Company representing Mr. Owner. We'd looked at it before and asked about a few things being fixed. Ms. Realtor balked and then asked the owner who had no problem fixing them.

    Due to circumstances, we had to pay the security deposit and first months rent two months before actually moving in - he agreed to hold the place for us because we offered to sign a 15 month lease. Upon move in we were given a move in list and told to rate things Acceptable or Unacceptable. I did that PLUS noted what needed to be fixed under Unacceptable (and took pictures). Ms. Realtor was dumbfounded and told us the list is for records only, not that they would actually address anything. Then she spoke to the owner who made some repairs. We had a few rounds of this, as the list was long, and then she said that if we ask for one more repair, she'd evict us.

    Does she have legal grounds to do this?

    I have done as much research as I can and it seems that in the city of Virginia Beach if someone owns and rents fewer than 10 properties, they are exempt from the law. Is that right?? http://www.dhcd.virginia.gov/Homeles...t_Handbook.pdf page 11 paragraph 10

    Ms. Realtor is not actually a broker. I spoke with the broker at Crap Realty Company and he supported Ms. Realtor.

    I hate living under this threat. We just put the ill-fitting screens in the windows and I'll have to use a towel at the bottom to keep insects from flying in. But I'm afraid to call them.

    thanks!

    - - - Updated - - -

    you might be thinking "why would you move into a dump needing so many repairs?" -- the repairs are not gross. The owner did most the work himself and is not a great DIYer. For example - there was no caulking in the bathrooms and the floors/cabinets in the kitchen were not sealed. (when we looked at the place, several times there was no evidence of roaches. When we moved in they were IN THE FRIDGE!)

    The doorbell didn't work. There was hole in the closet ceiling (sucking heat out!) -- he claimed it was for access purposes. Ok, we got wood and covered it.

    Screens had holes and didn't fit well. Some have been replaced, others they told me to use painters tape on them to keep insects out and so that the frame isn't damaged.

    Right now screens are the big concern. We're not sure the thermostat works right. The front door gets slammed every time it's windy (we live at the beach!!!) and we're terrified the glass is going to break (it's a door that's 95% glass) - we don't know how to install some kind of spring to close it or if that can be done on this metal door. Guess we'll have to learn.

    We were told we would have a garbage can with our unit number on it and a recycle bin. Those never came to be.

    So it's just little stuff....but it all adds up, too. And what happens when something big DOES happen? When we moved in, the dishwasher was broken and he DID get a new one installed.

    thanks.

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Is One Property Landlord Exempt from Law and Able to Evict Me

    Typically a walk through list initially is done so that the tenants can list the condition of the rental unit at move in as proof that they did NOT cause any noted damage seen to prevent being charged at move out; not necessarily as a long list of repairs that must be addressed by the landlord.

    Repair issues that can affect the safety or health of the tenant must be addressed by the landlord. A doorbell that doesn't work does not fit this category.

    What the landlord is suggesting is "the Happy Clause". Complain enough and they will suggest that since they are tired of you complaining and you don't seem happy about the rental property, the best option is to simply let you out of the lease and everyone will be happy about that decision. So pick your battles well.

    Gail

    - - - Updated - - -

    P.S. And yes, the Virginia Residential Landlord and Tenant Act excludes those tenants who own 10 or fewer rental houses from this particular act.

    Gail

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Is One Property Landlord Exempt from Law and Able to Evict Me

    The owner of the rental might be exempt from the landlord tenant statutes but he's not exempt from the common law of contracts.

    You have a 15 month lease. I'm betting that there are provisions for evicting for cause but that complaining about repairs is not one of them.

    So, no, an eviction based on complaining about repairs would not be successful in court.

    Unfortunately, having a 15 month lease could work against you if the lease didn't specific the items needing repair.

    In other words, if the items do not constitute a threat to safety or habitability, then you pretty much took the place AS IS if you didn't get anything written into the contract.

    You are free to keep on complaining if you like. I suggest you do it in writing directly to the owner since he seems more receptive than Ms Broker.

  4. #4
    Join Date
    May 2013
    Posts
    2

    Default Re: Is One Property Landlord Exempt from Law and Able to Evict Me

    thank you both for the replies. Sounds like one vote for YES they can evict you and one for NO they cannot evict you.

    I'm hearing that the complaints, at this time, are not especially important. I mostly agree, it was just such an overwhelming amount of little junk that needed repair and roaching in the fridge was beyond gross and such a shock when we never saw one bug anywhere.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Is One Property Landlord Exempt from Law and Able to Evict Me

    Quote Quoting desertdune
    View Post
    thank you both for the replies. Sounds like one vote for YES they can evict you and one for NO they cannot evict you.
    No. Gail's comment wasn't a "yes they can evict" she pointed out that the landlord can let you out of the lease and allow you to leave at your option if you don't like it there and the landlord doesn't want to bother anymore.

    That's not an eviction.

    Quote Quoting desertdune
    View Post
    I'm hearing that the complaints, at this time, are not especially important. I mostly agree, it was just such an overwhelming amount of little junk that needed repair
    In the future, when you rent the place, make sure it's turnkey before you put up any money or sign anything, or get the repair agreement written into the lease.

    Quote Quoting desertdune
    View Post
    roaching in the fridge was beyond gross and such a shock when we never saw one bug anywhere.
    Roaches are a fact of life. They were here before the human race appeared on the planet and they'll be here long after the human race renders itself extinct. Meantime we are just a minor inconvenience to them.

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