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  1. #1

    Default Worried About Roommate Claiming Racial Discrimination Upon Eviction

    My question involves a roommate in the State of: Virginia

    I own my own house in the state of Virginia. I got a roommate in June to help with the cost of living, but under the contengency that it be a trial basis for the summer months and could be longer if we both desired. It is now almost the end of the summer, and I no longer wish to have a roommate for several personal reasons.

    We signed a rental agreement in the beginning and had it notorized, and one of the points on the agreement states "Rental may be terminated with two weeks notice, by either party." I was ready to give my roommate written notice to be out by the end of August (it's the 6th of August today) but someone warned me that I should take caution about the following. My roommate is black (Jamaican), which I have no problem with. However, the person warned me that my roommate might try to file a suit with the ACLU or some other organization that I'm evicting her because of racial discrimination (which is obviously not the case, otherwise why would I have let her move in in the first place). Is this really a valid concern, and if so, what can I do to protect myself?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Worried About Roommate Claiming Racial Discrimination Upon Eviction

    Who is this person, why are they trying to scare you, and why do you think they know anything about landlord-tenant law?

    Your bigger problem may be that you have an ad hoc lease with some illegal terms. For example, you appear to be improperly shortening the statutory notice period:
    Quote Quoting Virginia Code § 55-248.37. Periodic tenancy; holdover remedies.
    A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date.

    * * *

  3. #3

    Default Re: Worried About Roommate Claiming Racial Discrimination Upon Eviction

    It technically wasn't a "lease" it was a "rental agreement." We both agreed to the terms of 2 weeks and it's been notorized. Why should it be a problem that it's not 30 days notice if we both have already agreed to it?

    So I shouldn't need to be concerned about the roommate stirring up trouble about the racial thing? She would have no grounds to stand on but in this messed up world we live in anything could happen.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Worried About Roommate Claiming Racial Discrimination Upon Eviction

    People who don't understand what a lease is shouldn't be writing them. Period. What do you think a lease is?

    If you don't care what the law is or whether you're following it, why are you bothering to ask us questions?

    We don't know what's motivating your busybody friend to scare you. We don't know anything about your relationship with your roommate. But obviously, minorities can have their tenancies terminated. It's not illegal.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Worried About Roommate Claiming Racial Discrimination Upon Eviction

    There are several very good web services out there that will help you draft a legal lease agreement.

    I suggest using one when you bring in another roommate.

  6. #6

    Default Re: Worried About Roommate Claiming Racial Discrimination Upon Eviction

    Thanks for everyone's concern about how invalid my lease is....but that's not my question. Any advice on what I asked?

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