Can the landlord evict us if he does not like us?
10/27/2007 - Landlord Tenant - State: VA #11059
Full Question:
I have 4 months left on a years lease. I got an eviction notice with a court date 3 days ago. The reasons being that I let my grandson's ride their go cart in the drive way on 2 different occassions, in the gravel drive way. They say it messes up their gravel. There is no damage at all. Second reason was I had a bad tire and my daughter brought some tires and drop them off for me. The landlord says she drove in the grass,again no damage. Also he stated that on the 14th my grandsons where shooting a bb gun and on the 18th, all in oct. His window was broke out of his truck, this man picks up tigs in his yard. If that where to happen he would have noticed it the day it happened. Me or my husband where out in the yard the day my grandsons where visiting. this was not true. My friends do not come over because he harresses every one that visits. which is not many. We work and are in bed by 9 pm every night. Our rent has Never been late. So waht are my rights? and won't he have to be liable for breaking the lease? Also he has called the police when a friend of mine went on a crusie for 5 days and let me borrow his car. He said It may have belonged to a murder and he wanted to know whose car it was and for other things that are crazy. The police never even came to bother us about his complaints. They told me one time when they where first called they told him to leave us alone.
Answer:
The following is a statute:
Section 55-222. Notice to terminate a tenancy; on whom served; when necessary.
A tenancy from year to year may be terminated by either party giving three months' notice, in writing, prior to the end of any year of the tenancy, of his intention to terminate the same. A tenancy from month to month may be terminated by either party giving 30 days' notice in writing, prior to the next rent due date, of his intention to terminate the same. In addition to the termination rights set forth above, and notwithstanding the terms of the lease, the landlord may terminate the lease due to rehabilitation or a change in the use of all or any part of a building containing at least four residential units, upon 120 days' prior written notice to the tenant. Changes shall include but not be limited to conversion to hotel, motel, apartment hotel or other commercial use, planned unit development, substantial rehabilitation, demolition or sale to a contract purchaser requiring an empty building. This 120-day notice requirement shall not be waived; however, a period of less than 120 days may be agreed upon by both the landlord and tenant in a written agreement separate from the rental agreement or lease executed after such notice is given and applicable only to the 120-day notice period. When such notice is to the tenant it may be served upon him or upon anyone holding under him the leased premises, or any part thereof. When it is by the tenant it may be served upon anyone who, at the time, owns the premises in whole or in part, or the agent of such owner, or according to the common law. This section shall not apply when, by special agreement, no notice is to be given; nor shall notice be necessary from or to a tenant whose term is to end at a certain time.
The written notice required by this section to terminate a tenancy shall not be contained in the rental agreement or lease, but shall be a separate writing.
§ 55-225.4. Tenant to maintain dwelling unit. —
A. In addition to the provisions of the rental agreement, the tenant shall:
1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
2. Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;
3. Remove from his dwelling unit all ashes, garbage, rubbish and other waste in a clean and safe manner;
4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances;
6. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so whether known by the tenant or not;
7. Not remove or tamper with a properly functioning smoke detector, including removing any working batteries, so as to render the smoke detector inoperative;
8. Be responsible for his conduct and the conduct of other persons on the premises with his consent whether known by the tenant or not, to ensure that his neighbors' peaceful enjoyment of the premises will not be disturbed; and
9. Abide by all reasonable rules and regulations imposed by the landlord.
B. If the duty imposed by subdivision A 1 is greater than any duty imposed by any other subdivision of that subsection, the tenant's duty shall be determined by reference to subdivision A 1.
Please see the information at the following links: http://lawdigest.uslegal.com/landlord-tenant/uniform-residential-landlord-tenant-act/5634/ http://lawdigest.uslegal.com/landlord-tenant/summary-of-residential-landlord-tenant-law/5654/ http://lawdigest.uslegal.com/landlord-tenant/lease-termination/5672/ http://lawdigest.uslegal.com/landlord-tenant/lease-termination/5677/ http://lawdigest.uslegal.com/landlord-tenant/lease-termination/5670/ Please join the USLegal Newsletter to receive important announcements and updates: http://www.uslegalforms.com/help/newsletter.php
10/27/2007 - Category: Landlord Tenant - State: VA #11059
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