If I am late on the rent, can the landlord harass me until I pay?
Full Question:
Last month and this month I've had to pay my rent late. However, instead of sending me something in writing about the late rent my landlord likes to come knocking on my door. One time as early as 6:00 am. Can he call or come by the apartment that early in the morning?
11/06/2007 |
Category: Landlord Tenant |
State: Virginia |
#11704
Answer:
The following are Virginia statutes:
§ 55-248.10:1. Landlord and tenant remedies for abuse of access.
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If the tenant refuses to allow lawful access, the landlord may obtain
injunctive relief to compel access, or terminate the rental agreement. In
either case, the landlord may recover actual damages and reasonable
attorney's fees. If the landlord makes an unlawful entry or a lawful
entry in an unreasonable manner or makes repeated demands for entry
otherwise lawful but which have the effect of unreasonably harassing the
tenant, the tenant may obtain injunctive relief to prevent the recurrence
of the conduct, or terminate the rental agreement. In either case, the
tenant may recover actual damages and reasonable attorney's fees.
§ 55-248.18. Access; consent; correction of nonemergency conditions;
relocation of tenant.
A. The tenant shall not unreasonably withhold consent to the landlord
to enter into the dwelling unit in order to inspect the premises, make
necessary or agreed repairs, decorations, alterations or improvements,
supply necessary or agreed services or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workmen or
contractors. The landlord may enter the dwelling unit without consent of
the tenant in case of emergency. The landlord shall not abuse the right
of access or use it to harass the tenant. Except in case of emergency or
if it is impractical to do so, the landlord shall give the tenant notice
of his intent to enter and may enter only at reasonable times. Unless
impractical to do so, the landlord shall give the tenant at least
24-hours' notice of routine maintenance to be performed that has not been
requested by the tenant.
B. Upon the sole determination by the landlord of the existence of a
nonemergency property condition in the dwelling unit that requires the
tenant to temporarily vacate the dwelling unit in order for the landlord
to properly remedy such property condition, the landlord may, upon at
least 30 days' written notice to the tenant, require the tenant to
temporarily vacate the dwelling unit for a period not to exceed 30 days
to a comparable dwelling unit, as selected by the landlord, and at no
expense or cost to the tenant. For purposes of this subsection,
"nonemergency property condition" means (i) a condition in the dwelling
unit that, in the determination of the landlord, is necessary for the
landlord to remedy in order for the landlord to be in compliance with §
55-248.13; (ii) the condition does not need to be remedied within a
24-hour period, with any condition that needs to be remedied within 24
hours being defined as an "emergency condition"; and (iii) the condition
can only be effectively remedied by the temporary relocation of the
tenant pursuant to the provisions of this subsection.
The tenant shall continue to be responsible for payment of rent under
the rental agreement during the period of any temporary relocation. The
landlord shall pay all costs of repairs or remediation required to
address the property condition. Refusal of the tenant to cooperate with a
temporary relocation pursuant to this subsection shall be deemed a breach
of the rental agreement, unless the tenant agrees to vacate the unit and
terminate the rental agreement within the 30-day notice period.
C. The landlord has no other right to access except by court order or
that permitted by §§ 55-248.32 and 55-248.33 or if the tenant has
abandoned or surrendered the premises.
D. The tenant may install, within the dwelling unit, new burglary
prevention, including chain latch devices approved by the landlord, and
fire detection devices that the tenant may believe necessary to ensure
his safety, provided:
1. Installation does no permanent damage to any part of the dwelling
unit.
2. A duplicate of all keys and instructions of how to operate all
devices are giver to the landlord.
3. Upon termination of the tenancy the tenant shall be responsible for
payment to the landlord for reasonable costs incurred for the removal of
all such devices and repairs to all damaged areas.