Lewis R Katz - Know your rights

2012 Eagle Crest Publishing LLC

DISCLAIMER

This book is designed to be a practical guide to common issues and concerns regarding landlord-tenant laws in the Commonwealth of Virginia. It is not intended to provide any legal advice. There is simply no substitute for the advice of a qualified attorney.

While the information provided in this book collects and discusses several topics that come up frequently during lease and rental agreements, it is by no means meant to cover every conceivable event.

Lease signings, security deposits, maintenance issues and eviction procedures are covered pretty liberally. Illegal immigrant housing, zoning laws, local curfews not so much.

This book includes internet links to certain topics and forms that we are discussing. If youre reading the e-book version of this guide, just click/touch the link and youll be connected directly to the information referenced.

At the end of this book you will find a copy of the most recently published version of the Virginia Residential Landlord Tenant Act. The Act describes and details the laws and statutes that cover landlord-tenant disputes and the proper legal remedies.

As with any legally binding contract (like a LEASE AGREEMENT), always seek competent legal advice from an attorney.

Introduction

(READ THIS REALLY!)

No, seriously you need to read this introduction. Most people skip the introduction to a book, mainly because they already know what the book is about and want to get right to the heart of the topic(s). We understand this. However, this is one introduction that you have to read. This is one introduction that will better prepare you for this book and the information contained in it.

That said, well start with the little disclaimer in the fine print. This book is not intended as legal advice. You should consider this book as a quick reference guide to most of the concerns with Virginias landlord-tenant laws. Thats important.

If youre in Wyoming, dont turn another page. This book is Virginia-specific. The attorneys who have put this guide together are only focusing on (and licensed in) the Commonwealth of Virginia.

Now that weve got that out of the way, lets get down to the heart of the matter Virginia landlord-tenant laws. If youre reading this, you or a loved one are either renting or considering renting an apartment in the Commonwealth. Thats good, as renting is an easy, economic way to get a place to call your own. And with the economy the way it is, who needs a mortgage?

However, there are many (many!) potential pitfalls and traps when signing a lease and renting an apartment. There are several things that we just dont think about when were all caught up in the whirlwind of apartment showings, high-pressure sales pitches, and FREE INTERNET INCLUDED offers.

This book will methodically take you through the entire rental process from application to security deposit return and everything in between. Were going to show you the good, the bad and the ugly side of the landlord-tenant relationship. Hopefully, with the help of this guide, youll be able to make intelligent, well-informed decisions that will stay with you for as long as you rent!

Chapter One

Basic Training

or,

This is a legally binding contract. If not understood, seek legal counsel

Youve got your list of available apartments from the newspaper (or craigslist or anywhere else on the internet), your mom or roommate, and a full tank of gas. The list includes apartments owned and being rented by big property management companies, private individuals, and even sub-lets from people trying to get out of their lease (well get to sub-leases later in the book, so if youre not sure about what they are or how they work stay tuned).

Should you rent from an established rental company or the guy down the street? The answer (as always) is it depends. What do you know about this company? Have you checked them out? Read online reviews? Talked to current (or former) tenants? For that matter, what do you know about the guy down the street? Is this his apartment? Does he own the building? Is he on a sex offender registry?

Lets start with apartments being offered by established rental or property management companies. For the most part, property management companies are just that they manage various properties for other people who own the properties. Now, this isnt bad, in fact, it can be quite good because someone else is paying the rental company to maintain the property and keep the occupancy rate high. This ensures that the property owner(s) receive the maximum investment return and it helps to ensure that the property management company keeps their business. When a company rents and maintains properties for someone else for profit, they have a vested interest in keeping all the tenants happy.

By contrast, there are some companies that only manage those properties that they (the company) own. Is this bad? Say it with me: it depends. When one company owns the property and they also manage it, they also have a vested interest in keeping the tenants happy and the buildings occupied. There are many reputable owner/operators out there. However, some owner/operators treat their properties with less priority on the comfort and satisfaction of the tenant and more emphasis on their own economic bottom line. They may not care if your roof leaks or that you have roaches because if you move out, they know theyll get someone else to take your place.

Lets dive in and take a look at our step by step process to finding the right place for you.

• Step One: Do your research.

We really cant stress this enough. By simply taking a little time and doing a little homework, you can eliminate a ton of hassle and heartbreak. Go online. You can try several sites such as- www.apartmentratings.com, www.apartmentreviews.net, www.rentadvisor.com, or www.donotrent.com for detailed reviews and critiques of various apartment complexes. You can even do a simple Google search (www.Google.com) for either the property or the owners.

While you should take care to note that there may be some angry and/or vindictive reviews listed, the vast majority of them should provide a good overall rating.

As weve mentioned earlier, you can also ask current tenants of the property your most concerning questions. Things like, how does the management respond to maintenance requests? Is there a 24-hour maintenance (or an after-hours) number that I can call? Have you had any problems with this property or the landlord?

Research the neighborhood. Youve found the perfect place with the perfect landlord. Only problem: its located next door to a crack-house. Whats the crime rate like? You can check out the local crime stats with your local police department or law enforcement agency.

• Step Two: The Application Process.

Once youve decided on a place (and done all your research!), youre ready to put down your money and start moving in. Slow down, cowboy, what about the application process?

Some rental companies and property management companies may charge an application fee. This is pretty routine and usually the amount charged is simply enough to cover the rental companys actual costs in running a credit or background check on you and/or your roommate(s). The Virginia Residential Landlord Tenant Act (VRLTA, which well get into later and a copy of which is at the end of this book) states the following: