
                         THE VIRGINIAN-PILOT
                 Copyright (c) 1994, Landmark Communications, Inc.

DATE: SATURDAY, June 18, 1994                    TAG: 9406170444 
SECTION: REAL ESTATE WEEKLY                     PAGE: 20    EDITION: FINAL  
SOURCE: William Mazel and Albert Teich Jr. 
DATELINE: 940618                                 LENGTH: Medium

A DISPUTE OVER LIVE-IN COMPANION

{LEAD} Q. I am a divorced woman renting an apartment with my son in Hampton Roads. Under the lease, no one else can live in my unit without the landlord's permission.

Last month, however, I met a wonderful man who now lives with me. As a result, the landlord told me that if the man does not leave, he will terminate my lease and, if needed, sue to evict me.

{REST} The landlord emphasized the occupancy limits stated in my lease. Also, the lease prohibits me from using the apartment for illegal purposes. Living with my boyfriend, the landlord says, violates the law of Virginia.

Can my landlord do all this to me?

A. Probably. Your lease entitles only you and your son to live in the apartment. If anyone else moves in, you will violate your lease and the landlord will have a right to terminate it.

Also, your lease, as you described it, prohibits you from using the property for any illegal purposes. If you are living with your boyfriend, basically as husband and wife, you are violating the laws of Virginia, and the landlord has another reason for ending the lease.

In short, if your landlord decides to sue to evict you, he is likely to win.

\ Q. I'm a recently divorced woman with one child. About three months ago, I rented an apartment for a 12-month term.

I pay my rent on time and keep the apartment clean. Still, the landlord told me to move this month or be evicted because of the race of the friends who visit me.

I am white. My sister has a black husband, whose friends and relatives often stop by the apartment.

We are not rowdy or disruptive, and none of the neighbors has complained about us. Why should the landlord evict me because of this? What should I do?

A. Stay right where you are and let the landlord sue to evict you.

In your defense, say that you are being evicted because of the race of your visitors, and that your landlord has no legal cause to do this. You will almost surely win.

You might consider hiring an attorney should your landlord unwisely decide to sue you. You may even be able to recover damages from the landlord for trying to evict you on racial reasons.

by CNB