You need to file an “Unlawful Detainer” with the court.

With unlawful detainers,  they apply to squatters who occupy a property and claim to hold a lease that might or might not be genuine.

Imagine a scenario in which a property owner tries to get rid of a squatter by claiming trespass. Then, when sheriff’s deputies arrive to remove the squatter, the squatter claims to have a lease. At this point, law enforcement will be unable to remove the squatter, and the dispute becomes a matter for a civil court. A new bill, HB 1482, allows for emergency hearings in unlawful detainer actions of this kind that involve residential, single-family units.

According to HB 1482, an emergency hearing is possible if three conditions apply:

• The court finds, based on the evidence, that there is not, nor has there ever been, a rental agreement between the property owner and the defendant.
• The defendant is occupying the unit without the owner’s permission.
• The owner gave the defendant written notice to vacate the unit at least 72 hours before a summons was filed.

If there are grounds for an emergency hearing, this hearing must take place as soon as practicable, within 14 days of filing. If it’s not possible to hear the case within 14 days of filing, it must be heard within 30 days of filing.

Can my Landlord charge me EFT Charges for rent, security deposit and other amounts payable by a tenant. House Bill 1519 prohibits landlords  from charging any fee if a tenant wants to make payments using an EFT. The bill also would have made it a violation of the Consumer Protection Act to impose a fee or surcharge for using an EFT to purchase any good or service, with the exception of ATM service fees or cases where the purpose of the service is to expedite an EFT.  We use a program called Appfolio and as a property manager, we are eating the fees as the real estate property management company.  Most tenants can also pay with ACH and it does make collecting rent between tenant and landlord a lot easier and timely.

What happens with assault survivors and early Lease termination

We are fortunate that we have not had to deal with this, but the Virginia House Bill 764 changes the circumstances under which survivors of sexual abuse or criminal sexual assault may terminate their leases before they expire. Early termination is now available to survivors who have obtained permanent protective orders and provided appropriate notification. As with earlier versions of the law, a tenant may also terminate early if they have an order of protection, or if the perpetrator has been convicted of sexual assault, sexual abuse, or family abuse.

Notification requirements in this area have also changed. Previously, a tenant’s notice of termination to the landlord had to specify an effective date for the termination that was at least 30 days after the next date when rent was due. Under HB 764, the tenant’s notice of termination simply becomes effective 30 days after it has been served on the landlord. The tenant remains responsible for providing the landlord with a copy of either the order of protection or the conviction order. The tenant will also remain liable for any rent that’s payable before the termination date. Communication is key for all parties.

Let’s talk about some recent changes to Virginia law that affect lease provisions.

House bill 352 and SB 213 amend the Virginia Residential Landlord and Tenant Act (VRLTA) by altering the language it contains regarding early termination of leases by military personnel. These changes resolved conflicts between Virginia and federal law, and because the bills contain an emergency clause, they became law as soon as the governor signed them.

The new bills state that a member of the U.S. Armed Forces, including the National Guard, may terminate a rental agreement upon receiving either permanent change of station orders or temporary duty orders lasting longer than three months. Previously, the new duty assignment had to be at least 35 miles from the servicemember’s rental unit, but this distance requirement has been removed.

HB 352 and SB 213 add an additional justification for a servicemember breaking their lease early. A servicemember may now terminate a rental agreement if they receive a stop movement order in response to an emergency that is effective for either an indefinite period or a defined period lasting at least 30 days. The emergency must also prevent the servicemember from living in their rental unit.

Communication is always key between the tenant, landlord and or property manager to create a win-win situation for all parties.  Mo Wilson is a retired USMC who fought in Vietnam so we are very aware of our service members and how they are called for duty in an ever changing world.

Manassas is a town in northern Virginia located between Washington D.C. and the Blue Ridge Mountains. Known for Civil War history, Manassas originated in 1852 at the junction of two railroads which linked Northern Virginia and Washington, D.C. with the Shenandoah Valley and Richmond. It features a wonderful museum system and charming historic district. Classical music, opera and theater are staged at the Hylton Performing Arts Center. Ben Lomond Historic Site features a Federal-style plantation house and a rose garden.

Manassas, Virginia – one of the largest areas in Prince William, Virginia – is home to a multitude of attractions, things to do and places to stay.  Manassas, Virginia is an unincorporated area within Prince William, Virginia.  Manassas, Virginia is home to multiple major attractions including Manassas Mall, Manassas National Battlefield Park, Ben Lomond Historic Site, Hylton Performing Arts Center, Splashdown Waterpark, Fun n’ Skate Zone, and so much more. As of the 2010 census, the population was 37,821.

Manassas is easily accessible from anywhere in the country.