DATE: Saturday, June 21, 1997               TAG: 9706190266

SECTION: REAL ESTATE WEEKLY      PAGE: 13   EDITION: FINAL 

COLUMN: Landlords & Tenants 

SOURCE: Greg McCracken 

                                            LENGTH:   58 lines

STRAIGHT TALK ABOUT LOCAL EVICTION

Stop the presses! The confusion I have caused with my May 24 and June 7 columns regarding what to do with a tenant's property during an eviction is overwhelming. I haven't caused this much confusion since I served Vienna sausages in a can as hors d'oeuvres.

All right, the straight scoop on what to do with the tenant's property during an eviction: Virginia Code Section 801-156 states that the sheriff shall ``cause such property to be placed in a storage area designated by the governing body of the county or city, if such area has been so designated.''

I have been informed by both the Norfolk and Virginia Beach sheriff's departments that they have not designated a storage area. Therefore, they will not get involved with the property. If the tenant is at home, property may be left on the curb. If the renter is not at home, it can be stored at the tenant's expense. A written inventory of the property, with two witnesses, should be made. Thanks to Lt. Dorothy Simmons of the Virginia Beach Sheriff's Department for the assistance.

Q. I have rental property in Virginia Beach. Is there any legal way to not rent to people with children? I don't have enough property to be included in the Landlord-Tenant Act.

A. Under the Federal Fair Housing Act and the Virginia Fair Housing Act, you may not discriminate against someone based upon family status. Under both statutes, family status means one or more individuals (legalese for ``children'') under 18 who live with a parent or other legal guardian.

These statutes also apply to pregnant women, anyone in the process of securing custody of a child and also to foster parents.

Landlords may not refuse to rent to people solely because the renter's household does not meet their notion of what constitutes a family, i.e., single-parent families. By the same token, you do not have to rent to people because they have children.

Both statutes simply mean that you cannot say that you will not rent to someone because they have children. If there are other valid reasons not to rent to those folks, which do not constitute discriminations, then you have no obligation to rent to them.

Q. What can I do if my landlord won't make repairs to my apartment?

A. Under the Virginia Residential Landlord Tenant Act, if whatever is broken constitutes a material non-compliance, you can vacate the apartment with no further obligation to pay rent, 30 days after giving written notice to the landlord that he had 21 days to fix the problem. Material non-compliance generally means things that make property habitable: plumbing that works, roof that doesn't leak, windows and doors in place, etc.

The landlord also has a duty to provide essential services, such as heat and hot water. Failure to provide these services within a reasonable time after written notice gives you the right to sue the landlord for breach and for any money due, which you are out because of the inconvenience and inability to live in the property. 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).

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