Landlord/Tenant Disputes Attorney in Lynchburg
Representing Landlords Involved in Complex Legal Matters
If you are a landlord or property manager, you need competent representation for matters arising from the complex relationship you have with tenants. At A. R. Pike Law Firm, our Lynchburg landlord/tenant disputes attorney can assist you in drafting both residential and commercial leases and represent you when tenants breach the terms of their leases or damage your property. Virginia law can be a minefield for landlords when enforcing leases. A wrong move can be costly and time-consuming. Let us resolve your concerns as quickly and efficiently as possible.
Seek Counsel from an Experienced Attorney
Before you take legal action against a tenant, it’s important to consult with a landlord/tenant attorney to ensure you have a legal basis to do so. A real estate attorney can also help you protect yourself from legal action taken against you for any wrongful actions. Different laws apply to residential tenants and commercial tenants, and they are not always intuitive.
We keep your best interests in mind when dealing with areas such as:
- Drafting residential lease agreements
- Drafting commercial lease agreements
- Evictions and unlawful detainers
- Lease violations, including failure to pay rent
- Contract disputes
- Lease reviews
- Transactional disputes
- Month-to-month termination notices
- Collection of unpaid rent/damages
Why Should I Hire a Landlord/Tenant Lawyer?
Virginia landlord/tenant law provides strict procedures and timelines for landlords and tenants. Failure to adhere to the laws in the Virginia Residential Landlord and Tenant Act (VRLTA) and other statutes could make a dispute with a tenant more lengthy and costly than it needs to be. If you are trying to evict a tenant, enforce a lease, or collect unpaid rent or payment for damages, it is important to hire a lawyer familiar with Virginia landlord/tenant laws.
What Are Renters Rights in Virginia?
In Virginia, renters have a legal protections under the Virginia Residential Landlord and Tenant Act (VRLTA) that include the right to:
- A fair application fee.
- A fair security deposit.
- A decent and safe place to live.
- Be informed of a change in management or ownership, or change of the property for some other use.
- Be properly notified of a rent increase or decrease in services.
- A proper eviction notice.
How Much Notice does a Landlord Have to Give a Tenant to Move Out in Virginia?
To end a month-to-month tenancy in Virginia, the landlord must give the tenant a 30-day notice informing the tenant that the tenancy will end at the end of the 30-day time frame.
Commercial Lease Agreements
Few laws govern commercial leases in Virginia, which means that the terms of a lease agreement are flexible. Who pays for repairs? Who pays taxes and insurance? How much notice must you give before evicting? What happens if a tenant breaks the lease? A good commercial lease agreement will protect your interests and help ensure that you are covered in a variety of situations that may arise.
Eviction Process in Virginia
Before a landlord can file a lawsuit to evict a residential tenant, there are specific notice requirements that must be followed. If the landlord has cause to end the tenancy, they must first give a notice for termination.
Pay or Quit
If the tenant is late paying rent, the landlord must give a residential tenant a five days to “pay or quit” notice before filing an unlawful detainer action in the General District Court. According to Virginia Code § 55.1-1245-F, if the tenant does not pay within those five days, the landlord can begin the eviction process against the tenant
Cure or Quit
According to Virginia Code § 55.1-1245-A, if the landlord is facing an noncompliant tenant who breaches lease stipulations the landlord may give them a 30-day "cure or quit" notice. After serving the notice, the tenant has 21-days to remedy the breach, otherwise the tenancy will be terminated after 30-days.
In situations where a tenant commits a breach that is not remediable, the landlord may serve a notice to the tenant, outlining the specific acts that constitute a breach, and stating that the tenancy will be terminated after 30-days. This kind of breach can also be cause for immediate termination if there is a criminal or willful act that is not remediable, or if the act poses a threat to health and safety (Virginia Code § 55.1-1245-C).
If you are considering evicting a tenant, you should consult with our experienced landlord/tenant law attorney in Lynchburg to gain a clear picture of the eviction procedures you must follow.
Experienced Legal Representation
With all the formal notices flying back and forth between you and your tenant(s), you may be confused and frustrated about your situation. Seeking a skilled landlord/tenant lawyer is the best way to ensure you save time, money, and energy throughout the proceedings. At A. R. Pike Law Firm, we aggressively pursue the interests of landlords in Lynchburg and beyond. Don’t wait until your conflict escalates even further – get in touch with our team today.
Are you a landlord in Lynchburg? Call A. R. Pike Law Firm today at (434) 264-5444 to speak with an attorney who can help you resolve your landlord/tenant conflicts.