Flashcards in Virginia Leasing (12) Deck (36)
Leases and landlord–tenant relationships are governed by ________, _________ [§§55-217 through 55-248] of the Code of Virginia
In regards to leases in VA, a nonresident of Virginia who owns real property consisting of __________ rental units (whether residential or commercial) must appoint a __________ as agent for the purpose of receiving any notices, service of process, or other legal paper that would otherwise have been served on the owner. If an agent is not appointed, or if the one appointed cannot be found, the ____________ serves as agent.
4 or more
Secretary of the Commonwealth
In regards to VA termination of a lease, Virginia law requires different notice periods, depending on the length of the lease being terminated. What are the notice periods for;
1) Year-to-Year lease
3) month-to-month lease, where the termination is due to rehabilitation of the property or a change in the property's use (such as conversion to a condominium).
1) 3-month notice
2) 30-day notice
3) 120-day notice
In regards to tenant holdover, what happens to tenants who through no fault of his or her own, are unable to vacate the premises at the end of the lease term?
-tenant is liable to the lessor only for use of the premises and for any loss or damage suffered by the lessor.
- not legally held to another full term of the lease
In regards to desertion, if a tenant whose rent is in arrears deserts the premises, the landlord may post a written notice in a conspicuous location on the premises requiring that the tenant pay the rent. A month-to-month tenant has _______ after the notice is posted; a yearly tenant has ________.
Regarding failure to pay rent, for residential tenants, Virginia law specifies that failure to pay defaulted rents within ______ of receiving notice results in the tenant's forfeiture of the right to possession.
T/F. Tenants who are not at fault in the destruction of the improvements are entitled to a reduction in the amount of rent until the improvements are rebuilt and the tenants' previous use of the property can be restored?
True. Virginia has reversed and repealed this common law doctrine of having the tenant pay full rent.
T/F. A tenant's obligation to leave the property in good condition at the end of the lease terms is an obligation that requires that the tenant rebuild in the event of destruction that was not his or her fault?
Regarding seizure of tenant property in VA, goods belonging to a tenant may be seized for nonpayment of rent for up to ________ after the rent is due, whether or not the lease has ended. The seizure is made by a ________ or other officer, based on a warrant issued by a judge or magistrate. The warrant is based on a petition from the lessor. The lessor's petition must show what 2 things?
1) the grounds for believing that the rent is due
2) the exact amount owed
The order of seizure which is given to the defendant along with a copy of the bond in a property seizure.
T/F. Regarding prevention of forfeiture, if a tenant who has been served with a "pay or quit" notice pays the arrears before his or her case comes to trial, the tenant will hold the tenancy just as he or she did before the proceedings began?
In VA regarding rent control, in ______, the ___________ declared that federal rent control is no longer necessary in the state.
Virginia General Assembly
Title §55, Chapter 13.2 of the Code of Virginia, the Residential Landlord and Tenant Act [VRLTA], was established to? (4)
1) simplify rental laws
2) simplify rights of landlords and tenants
3) encourage maintenance of housing
4) unify laws for landlord and tenant relationships
In regards to the Virginia Residential Landlord and Tenant Act and application fees, the landlord may charge a prospective tenant a fee at the time the tenant applies to lease a dwelling. If the fee exceeds _____ and the tenant does not rent the property, the landlord will refund all fees in excess of the landlord's expenses and costs within _______. If the application fees were made by cash, certified check, cashier's check, or money order, the refund will be made within ________ of the applicant's failure to rent if such failure was due to the landlord's rejection of the application.
T/F. In VA regarding unsigned or undelivered leases, if a written lease is not signed by either the lessor or the lessee but the agreed rent is paid and accepted, the rental agreement is NOT binding on both parties. Similarly, even if a lease is never delivered but the rent payments are accepted, the lease does NOT remain binding?
False. It remains binding for 1 year.
In VA regarding security deposits, the security deposit may not exceed an amount equal to__________. The deposit must be returned to the tenant within _______ after the tenant vacates the property. If the landlord intends to withhold a portion of the security deposit to cover damages or losses, the tenant must be provided a written itemized list of such deductions. The landlord is required to make a final inspection of the dwelling within ________ of the termination of the lease. The landlord must notify the tenant of the date and time of the inspection, and the inspection must be at a reasonable time. The tenant has the right to be present during the landlord's inspection, but must advise the landlord in writing of the intent to be present.
2 months rent
Regarding interest on security deposits in VA, no interest shall be due and payable unless the security deposit has been held by the landlord for a period exceeding what?
1) 13 months after the effective date of the rental agreement
2) after the effective date of any prior rental agreement with the same tenant, for continuous occupancy of the same dwelling unit
In VA regarding security deposits, such security deposit earning interest begins accruing from the effective date of _________, and such interest shall be paid only upon termination of the tenancy, delivery of possession, and return of the security deposit.
the rental agreement
In VA regarding security deposits, when property or money is held as security deposit for more than ________, it shall accrue interest at an annual rate equal to ________ below the Federal Reserve Board discount rate as of ________ of each year.
4 percentage points
List and describe 5 obligations of the landlord towards the tenant?
1) Disclosure of Ownership
- The landlord must disclose in writing, prior to tenancy, the name and address of the property owner or manager
3) Inspection of Premises
- Within five days of occupancy, the landlord will provide the tenant with a written report that itemizes existing damages to the premises. The tenant has five days after receipt of this report to object in writing.
4) Disclosure of Mold
- Within five days of occupancy, the landlord shall disclose, in writing, the existence of any visible evidence of mold in the dwelling.
5) Military Airport Zone Disclosures
* Failure to disclose gives the tenant rights of termination in the first 30 days of occupancy.
Regarding landlord violation of duties in VA, if a landlord fails to maintain the property, the failure is considered to be a violation of the terms of a lease. A tenant whose landlord fails to properly maintain the premises must notify the landlord of the violation in writing. The landlord then has ______ to correct the problem. Emergency situations warrant quicker action on the part of the landlord.
Tenants who choose to remain in a property, even though a violation has not been corrected, should continue to make rental payments within ______ of the rental due date. However, the payments should be deposited with the _________, from also which a tenant must file a claim if a tenant wants to terminate a lease
general district court
Regarding landlord right of access into tenant dwelling, the landlord shall give the tenant ______ notice to enter the premises and perform nonemergency-type maintenance. In the event that nonemergency maintenance requires that the tenant vacate the premises, the landlord shall give the tenant ______ written notice to vacate to a comparable dwelling selected by the landlord and at no cost to the tenant for a period not exceeding ______.
Regarding noncompliance by landlord, if the landlord violates the lease agreement or is in violation of any provision affecting health and safety, the tenant may notify the landlord in writing of the violations and state that the lease agreement will terminate on a date not less than _______ after the notice if the violations are not corrected in _______.
In regards to nonpayment of rent, if rent payments are not received when due, the landlord may take what 3 following actions?
1) Five-day pay-or-quit notice.
2) Unlawful detainer warrant. (Eviction proceedings begin immediately)
3) Eviction. (Eviction proceedings begin after the court takes eviction action). If full payment of rent is not received within five days
Regarding nonpayment of rent and eviction in VA, recent legislation has passed to expedite the process for removing tenants from rental property. The _________ process now requires an initial hearing within ________, and the execution of the writ of possession by the sheriff should occur within ________ from the date received.
15 calendar days
Action to evict a tenant
Regarding acceptance of rent with reservation, if the tenant issues a check that is returned for insufficient funds, the landlord may give notice requiring payment in cash, cashier's check, or certified check within _________. If payment is not received, the landlord may proceed as with nonpayment of rent.
What are 3 requirements of a tenant who wishes to install security devices?
1) at tenants expense.
2) property must be restored to its original condition on termination of the lease, if landlord requests.
3) landlord given complete operating instructions along with keys, codes, and passwords for any equipment installed.
Regarding tenant absence from property, if a tenant plans to be absent from the property for more than _______, the landlord may enter the property for the purpose of protecting it. If the terms of the lease require tenant notification of extended absences, and if the tenant fails to advise the landlord, the tenant may be responsible for any damage that occurs during the absence.