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.

Prince William is located in Northern Virginia, approximately 30 miles southwest of Washington, D.C. The County encompasses an area of 348 square miles, 18.8% of which is federally owned land.

Prince William’s location in the Metropolitan Washington, D.C. area and the availability of excellent transportation in the region is a catalyst for growth in the County which continues to provide numerous economic advantages. Interstate 95 and U.S. Highway 1 connect the County with Washington, D. C. to the north and Richmond, Virginia to the south. Interstate 66 connects the western portion of the County with Washington, D.C. to the east and Interstate 81 to the west. The Route 234 Bypass links Interstate 66 in the west.

Prince William County is located on the Potomac River in the Commonwealth of Virginia in the United States. As of the 2010 census, the population was 402,002, on July 1, 2019, the population was estimated to be 470,335, making it Virginia’s second-most populous county. Prince William County ranked 16th with a median income of $99,206. Nearby, Loudoun County took the number one spot with a median income of $125,900.

The first known colonial settlement was founded in 1722. In 1730, the Virginia General Assembly carved out an area approximately 2,000 square miles in size and named it  Prince William County. At that time – all of Northern Virginia was known as Prince William.

Relocating to Prince William, VA?

Named as one of the best places to live, and one of the wealthiest communities in the United States – Prince William, Virginia is an amazing place to live, work – and of course – PLAY!

Relocating to Prince William, Virginia is incredible as it is surrounded by two major airports – Washington Dulles International Airport and Washington Reagan National Airport, situated near two major interstates I-66 and I-95 and is connected via rail to Amtrak and the Virginia Railway Express/VRE.

As a Community of Choice – Prince William, Virginia is home to a plentitude of parks, libraries, award-winning schools, open space, major employers, and a government that provides exemplary resident and business services. It also has highly rated schools including the 12th County high school currently being built at a budget of $97 Million.

Prince William County is among one of the best places to live in Virginia. In Prince William County, where most residents own their homes,  there are a lot of restaurants, coffee shops, and parks. Many families and young professionals live in Prince William County.  Prince William County includes amazing vibrant communities such as Dumfries, Montclair, Manassas, Yorkshire, Woodbridge, Bristow, Buckland, Dale City, Gainesville, Haymarket, Nokesville, Occoquan, Lakeridge, Quantico, and Triangle.

Prince William is perfect for your new home.