Landlord Tenant Flashcards
Periodic Tenancy (week to week, month to month, year to year)
Automatically renews unless proper notice is given
1) Month to month = 1 month notice from end term
2) Year to year = 6 months notice
Tenancy for years (doesn’t have to be for a year)
Has specific end and start state. No notice required
Tenancy at Will (no specific term)
Tenant must be given reasonable notice, can be terminated at any time
Tenancy at sufferance (hold over tenant)
Original lease still governs, Termination occurs by T leaving or eviction
Virgina requires that the LL of a residential lease deliver
Deliver Actual possession
If the LL’s failure to deliver actual possession is willful
1) The T does not owe rent until LL delivers actual possession
2) The tenant my terminate the lease by giving 5 days written notice to LL; or
3) Demand that Landlord perform on the lease
If LL sues wrongful possessor or LL he can recover possession and damages. If LL’s failure was also not in good faith T can recover Attorneys fees
Implied Warranty of habitability is
Non waive-able
In VA the implied Warranty of habitability imposes on LL Duty to
1) Comply with health, safety, and building codes
2) Make repairs and do whatever is necessary to keep premises habitable
3) provide plumbing, AC, heat, hot water, keep residence free of mold
4) provide wet waste receptacles in common areas
5) maintain carbon monoxide alarms
IN Va a LL who is in breach for the implied warranty of habitability is liable for
Actual damages proximately caused by the breach
IN Va, after the T gives reasonable notice to LL of breach of warranty of habitability
He must place rents in escrow with the court.
Then If LL negligently fails to supply service, T can
1) sue for damages based on FMV; or
2) move into other housing while LL fixes problems and be excused from paying rent
In VA a LL can require a security deposit up to
2 months rent that must be returned within 45 days after lease ends.
LL can return the full security deposit or give the tenant an itemized list of the charges along with the remainder of the security deposit
If the tenant cannot be located, the remaining portion of the security deposit can be placed in escrow
