Daemonrealm t1_jdy8o9l wrote
Reply to comment by okcknight in RVA vs. Evernest by harpervn
I wish more people would fully know the law and how evictions work in virginia.
A property management company does not and can not evict you. A judge does within a hearing where you are in attendance as a defendant and have legal rights just as anyone in a court room to make your case and provide your side of the situation. The property management company must provide legal grounds to evict you and the judge provides a verdict within that trial based on legal evidence only
Being apart of an association such as this is not grounds to legally evict someone. Nor is many, many items of what the population thinks will get you evicted. The 2 main areas that will have you evicted in the court of law:
- breach of lease contact, and even then the property management must show proof that a lease violation contract was provided, signed, returned, and evidence that the concern was given at least 30 days to resolve, then proof the issue was not resolved. That lease violation contract must be a legal document under VA state law guidelines
- Non payment under lease terms and contract. Which goes back to #1
Examples of what will NOT evict you in a court of law
- Being rude, direct, or demanding to the PM as long as you are not legally harassing or threatening
- Standing up for yourself or others
- talking bad about a property management company and/or name dropping them on the rva subreddit
- Requiring that PM company or person fulfill their legally binding contract with you
- calling out PM for poor service or giving bad reviews publicly
- using tenant assertion legal process on a PM company
Ask_RE_questions t1_jdzxb98 wrote
Stop spreading fake news, if the owner wants you out and gives you proper notice you’re out.
Daemonrealm t1_je00pil wrote
Wrong if you are on a lease
bkemp1984Part2 t1_je0bivw wrote
The only way an owner can give a notice that's legally "proper" is if the end of lease is coming up anyway and they're informing you that they won't be renewing with you. Otherwise they have to go through eviction proceedings because being under a lease protects the tenant from being removed any other way.
Ask_RE_questions t1_je0g7b0 wrote
I don’t think you can generalize on leases as each one is negotiated between a different landlord and tenant. There are clauses that can be added that protect the landlord. There is no “only way”
Charlesinrichmond t1_je0ib4g wrote
this is not exactly true. VRLTA governs in residential leases, clauses that contradict it are void.
Source: went to law school
_sarten t1_je0nymz wrote
This is true, but only leases that are for a full year. A 364 day lease is not subject to the LTA from what I have been told. This is a sneaky trick used by some slumlords. So, when signing a lease, you should read and understand the entire lease.
Charlesinrichmond t1_je0w4eg wrote
that used to be the case. I don't think it is anymore, but it's a good question, I'll read up on it. They basically made it applicable to everyone the last few years...
Yeah, looks like 90 days is the cutoff now
§ 55.1-1201. Applicability of chapter; local authority
_sarten t1_je1yegq wrote
Thank you for the info. The laws are changing now every year, and it is hard to keep up.
Charlesinrichmond t1_je4tmc2 wrote
they made an immense amount of changes to the rental laws over covid.
raindeerpie t1_je0110u wrote
as is the owners right. What demonrealm said is still accurate though.
Ask_RE_questions t1_je03ag5 wrote
Come lease a property from me and test your knowledge out.
raindeerpie t1_je0hdjg wrote
ok? what will that prove? I'm sure everything will be done by the law as demon realm stated. or are you implying that you will be intentionally breaking the law to prove a point?
Daemonrealm t1_je0wmip wrote
Thank you for self identifying yourself as a slumlord that is apart of the problem in Richmond.
No you can not threaten tenants and you will be charged with harassment or assault if you do.
No you can not “test our knowledge out” or we will sue you civilly or bring criminal charges.
No you can not illegally use any means just because you own a property and want a tenant out.
Please test us. I have legal teams standing by and already retained for tenants just for individuals such as yourself.
harpervn OP t1_je1565p wrote
Might need to keep you on my contact list regarding your resources.
[deleted] t1_jeao885 wrote
[removed]
rva-ModTeam t1_jeaq2jy wrote
This content has been removed as it is considered rabble rousing, trolling, brigading, and/or inauthentic discourse. We encourage good-faith discussions from anyone, but we do not like jerks. If you're going to be the Jerk of the Year, please don't do that here.
Do not use alt or brand new throwaway accounts to manipulate votes, attack another user, avoid a previous ban or moderator action, or artificially-inflate comments with similar views.
Viewing a single comment thread. View all comments