THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Saturday, February 1, 1997 TAG: 9701300238
SECTION: REAL ESTATE WEEKLY PAGE: 22 EDITION: FINAL
COLUMN: Landlords & Tenants
SOURCE: Greg McCracken
LENGTH: 61 lines
I have lived in the same apartment for the last three years. For the past two years, I have had no lease. It ran out after the first year.
I want to move, but don't know if termination of the lease should be handled according to the provision in the lease or in some other manner. What should I do?
Most leases contain an automatic renewal provision, which states that unless written notice of termination is given by either party a specific number of days before the lease expires (usually 30, 60 or 90 days), it will automatically renew under the same terms.
If your lease has this provision, then it has automatically renewed itself and you should follow the termination provision in the lease.
If there is no automatic renewal clause, your lease is reverted to a month-to-month tenancy and in order to terminate, you need to give your landlord 30 days written notice prior to the next rent due date. Unreasonable inspection
Our landlord insists on coming by to ``inspect'' our premises once a week. It has gotten to be inconvenient, because he never tells us when he is coming and it makes no difference if we are in the middle of a meal or other activities.
He insists on coming in and looking around. Is he allowed to do this?
Your landlord has to give you reasonable notice that he wants to come by and take a look around and may only do so at reasonable times. Therefore, if he shows up unannounced, you can deny him entry into the house. Reasonable notice is at least 24 hours in advance.
A reasonable time to enter is generally some time during the day when you will be there and it is convenient for you. If your landlord gives notice, you cannot prevent him from coming in to inspect the premises, make agreed repairs, alterations or improvements.
However, a landlord may not abuse the right of access. If he continues to come by making repeated demands for entry at unreasonable times, in an unreasonable manner or without notice, you can get an injunction to stop him. Halting eviction
My landlord is trying to evict me for non-payment of rent. The court date is in two weeks. I have recently found a job and saved enough money to pay off the past due rent.
A friend told me if I do this, I can stop the eviction. Is this true?
In cases of non-payment of rent, if a tenant pays all the past due rent, late charges, interests and costs, the eviction can be stopped, even if the landlord says the rent was accepted with reservation.
The court then decides any dispute between the parties regarding whether the full and proper amount has been paid.
This ``right of redemption'' for past due rent may be used by a tenant only once in any 12 month period. Therefore, if you get behind in your rent again, you can be evicted, even if you pay the past due amount. 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