THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, August 3, 1996 TAG: 9608010280
SECTION: REAL ESTATE WEEKLY PAGE: 02 EDITION: FINAL
COLUMN: Landlords & Tenants
SOURCE: Greg McCracken
LENGTH: 72 lines
Beat goes on
Is the tenant responsible for damage caused by someone not a party to the lease?
It depends. If you throw a party and it gets out of hand and the apartment gets trashed, you are going to be responsible. Further, if other parts of the building or complex are damaged, you are probably going to be liable for that, also.
The bottom line is you are responsible for your guests and their actions. There may be some situations in which you would not be, but I can't think of them right now.I have a tenant who ignores the quiet enjoyment provision of the lease and continually disturbs other tenants by playing loud music. I have asked him to stop but he refuses, stating it will take me at least 30 days to get him out of the premises.
What do I do?
Sue him for material breach of the lease as quickly as possible. Remember that because it's a material breach of the lease and not nonpayment of the rent, you do not have to serve him with the five day pay-or-quit notice.
Additionally, in situations like this, most clerk's offices and courts will work with you to get an expedited hearing. Line up your witnesses (tenants who have been disturbed) to testify on your behalf.
The more evidence you can bring to court to show this tenant's true colors, the more likely the court will grant you unlawful detainer and throw him out of the property as quickly as possible.
Additionally, this borders on a criminal-police problem and you may be able to take out a warrant for disturbing the peace, but you would have to go through the police or a magistrate to do that. Broken heart, bank account
My girlfriend and I rented an apartment together but I am the only one who signed the lease. We could afford it based on both of our incomes, but we recently broke up and she moved out.
I have fallen behind in the rent payments and am being sued because I was the only one who signed the lease. Is there any way I can make my landlord sue her also, or can I make her pay for half of the past-due rent?
Your landlord has no duty or obligation to sue your ex-girlfriend if she is not on the lease. Even if he accepted checks from her for half the rent, that does not make her obligated under the lease.
Unfortunately, since you signed the lease, you are the one on the hood for the past-due rent and any future rent if your landlord chooses to pursue it. As far as forcing your ex-girlfriend to pay half of this, it may be possible under the right circumstances, but even under the best circumstances, it would be difficult. Warm, fuzzy pets only
My lease says I am allowed to have a pet. My pet happens to be a fairly large boa constrictor. After I signed the lease and moved in, a neighbor complained.
Now, the landlord wants me either to move out or get rid of my snake. Do I have to do either?
Just when I think I've heard it all. Technically, you are right so long as your lease has a provision that says you may have a pet. If that particular provision goes on to define pets (generally dogs, cats, etc.), your landlord may be right.
However, I think the judge would pay particular attention to the landlord's and the other tenants' concerns. If you want to fight it, you have a ``pot to hiss in.''
Please let me know when you are going to court so I can make sure not to show up that day. MEMO: Greg McCracken is a Virginia Beach lawyer. Send questions to him
at 4705 Columbus St., Virginia Beach, Va. 23462-6749. The fax number is
552-6016; e-mail, hpmv(AT)livnet.com by CNB