THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, December 23, 1995 TAG: 9512210275
SECTION: REAL ESTATE WEEKLY PAGE: 08 EDITION: FINAL
COLUMN: Landlords & Tenants
SOURCE: BY WILLIAM MAZEL, SPECIAL TO REAL ESTATE WEEKLY
LENGTH: Medium: 56 lines
I saw an advertisement in the newspaper ``for rent'' of a single-family home. The tenant was on the property but the landlord told me they would vacate the house at the end of the month.
In reliance on the landlord's verbal assurances that the house would be vacated at the end of the month, I signed a lease and paid a security deposit as well as the first month's rent.
I was to take possession on the firs [first] of the month. When the first day of the month rolled around, I went to the house to begin moving my furniture. To my surprise, the other tenants were in the house and refused to leave. When I called the landlord, he told me I have the right to evict the tenant now.
Isn't it the duty of the landlord to evict the old tenants?
It all depends upon whether or not the premises is covered by the Virginia Residential Landlord-Tenant Act.
The act does not cover single-family residences where the owner or owners are natural persons or their estates own in their own name no more than 10 single family residences subject to a rental agreement; in the case of condominium units, no more than four.
If the house which you have rented is covered by the act, then it is the duty of your landlord to deliver possession of the premises to you. If the landlord willfully fails to deliver possession to you, the rent will abate until possession is delivered.
You, the tenant, may terminate the rental agreement by giving at least five days written notice to the landlord. Upon termination, the landlord shall return all prepaid rent and security, or you may demand performance of the rental agreement by giving at least five days written notice to the landlord.
If you elect, you may maintain an action of possession of the dwelling against the landlord or any person wrongfully in possession and recover the damages sustained by him.
If, however, the house you have rented is exempt from the Landlord-Tenant Act, then you would certainly be covered by common law, which says the landlord only has to give you the right to evict the former tenants. That would mean that you would have to go into the General district Court and obtain an unlawful detainer warrant.
What you should have done is pay only a small deposit upon signing the lease and agree to pay the balance of the security deposit and the first month's rent on the day possession was granted to you.
If the landlord had not evicted the other tenants then you could have stated to the landlord that you were not going to pay him any more rent.
I am sure the landlord, being most interested in receiving rent for the premises, would have evicted the recalcitrant tenants. by CNB