Tenant Privacy Laws in VA (Leesburg: real estate, apartment, rental)

[JustineF]

I'm coming here to hear from those who actually have knowledge about the laws of the state of VA. I've read the handbooks, I think I know my rights, but the Sheriff's department doesn't help and I'm not sure what I should do.

What happened is I've just recently moved into this state. I rented a condo from a private landlord (MISTAKE!!), and there's been problems here from the beginning. So many things not working, he lives out of state, he's old (70) and doesn't seem too bothered about not fixing things that need fixing.

Anyway, there are many issues he's created for me as a result of his negligence: mold, leaky EVERYTHING, non-working a/c, no heat, no hot water...and this place ain't cheap! (paying $1750, and I'm an excellent tenant, pay rent on time, quiet, very clean, very considerate). None of this seems to matter to him.

Well, he lives out of state, but lately he's been coming to the state for some "court" related thing, so he's around more. Since he's been in town, he's taken to just using his spare key to the unit and walking in unannounced, without any notification, NUMEROUS times.

I've talked to one deputy at the sheriff's office and he said by VA law, I can change the locks and not give him a spare key and if he does it again, to let them know. That was 2 days ago, not even enough turn around days to get the locks changed.

Tonight, I'm getting ready to go out, and I'm walking around HALF naked. Suddenly, my door opens and he and his (crazy!!) wife, and a plumber come marching in. I screamed in surprise, and as I was running to my room to cover myself said, "YOU CAN'T JUST WALK IN HERE WITHOUT LETTING ME KNOW!" His wife, whom I've never met and is clearly wrong in the head, started screaming, "YOU SHUT UP! YES WE CAN!!"

About 2 days ago, I had contacted the real estate agent who had rented this place to me. I told him the issue with the LL walking in with his key, and he firmly said that it's IN my lease that he needs to give me AT LEAST 24 hours notice AND hear back from me, OR in case of an emergency, he needs to make EVERY effort to contact me to let me know he's coming over if he absolutely HAS to. He said per my lease, it's otherwise is in violation of the contract we have.

Apparently tonight was a "must" evening, because he just had a new hot water heater installed (I've been without heat and hot water for 5 days!!) and it was leaking to the unit below. He called me earlier in the day and asked if I could be home and I told him I absolutely cannot as I had a prior engagement (plus, I've spent 95% of my time living in this craphole always looking after his workmen - it's not my job!) and asked if can he come over himself, he said no, he had plans. So I said I could be home in the morning and called the plumbers myself and made the appointment.

That was the last I heard from him. Fast forward to around 8 pm tonight and I'm half naked, and the door bursts open with him, his crazy wife, and a male plumber walking into my home.

Anyway, so I called the sheriff's office and told him what their deputy had told me a couple of days ago - to call them if LL did this again - and I was calling to have them PLEASE come over b/c I was half naked and he walked in and said he can do whatever he wants.

So they sent 2 officers over. I opened the door and let them in, told them what's been going on, and they said they want to speak with the LL and the wife. They took them outside and shut the door.

Then they opened the door and sent them RIGHT back in and asked to speak to me.

The gist of what they said was, they own the place, they have the right to come in, they said it's an emergency, and that they'd called me. I'm like...WAIT. I have spoken to your deputy prior to tonight about this, I have his voicemail RIGHT HERE (I played it for them), and while they "own" the unit, they gave me possession of the unit by renting it to me, in my lease it says they MUST notify me in adavance, and he's been warned in writing by me at LEAST 3 times to NOT WALK IN.

They said, this is a civil matter, if my lease says so, then they're violating it perhaps and I should just move so I don't have to put up with it.

RIGHT, but what about walking in on me and you just sent them RIGHT back into my home after I called you for help for their trespassing? NOPE.

Can they write me a report so I can have a copy/proof of this call? NOPE.


So the officers left, I called the sheriff's dept back and asked to speak to a supervisor, at this point nearly in tears because I have NO RIGHT.

Sup calls me up an hour later, I tell him what went down, he says well you should speak to an attorney about your tenant rights. I said, what about my right to be protected from someone just trespassing, and he said nothing. What about getting a report??

He finally said, that I was owed a report, he's not sure why the (d-bag!) officer refused to give me a report and he will speak to them about it, and gave me a report number he created but said to get an actual copy, I have to drive to Leesburg (45 minutes from me) to get that hard copy.

I said to him, what about your deputy from 2 days ago who said I should change the locks, not give the landlord a key, and call you guys if he did this again? SILENCE.

I'm so shaken up, I don't know this state, the laws, or ANYONE in this damned area and I feel very violated and even discriminated against as a renter. I don't own the place, therefore, I have ZERO rights.

Is this how it works in VA?? I've read the LL and tenant handbook, it says I am due notification before LL comes in, but if the sheriff's office won't honor that, WHO WILL?

I live in Loudoun County, by the way, which now I hate.

[CSD610]

Start here, then proceed as necessary.

State Landlord Tenant Laws

[JustineF]

Originally Posted by CSD610

Start here, then proceed as necessary.

[url]http://www.city-data.com/forum/renting/1379209-state-landlord-tenant-laws.html[/url]

As I said in my first sentence, I've read the handbook. The link doesn't go to VA handbook, but this link does: [url]http://www.dhcd.virginia.gov/HomelessnesstoHomeownership/PDFs/Landlord_Tenant_Handbook.pdf[/url]

From that handbook:

§ 55-248.10:1. Landlord and tenant remedies for abuse of access.

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.

However, the sheriff says I can just move if I don't like it.

I need to know my overall rights - esp as far as law enforcement is concerned - given the scenario I shared.

[cb at sea]

I think you need to contact an attorney and get his take on this legal matter!

[reenzz]

The VRLTA does not apply to you if your landlord rents privately and owns less than 10 properties. The handbook you read and quoted will not apply as well since it only covers VRLTA. Talk to an attorney since it seems that unless your covered by VRLTA, you have very little rights and the landlord can enter at will.

[JustineF]

Originally Posted by reenzz

The VRLTA does not apply to you if your landlord rents privately and owns less than 10 properties. The handbook you read and quoted will not apply as well since it only covers VRLTA. Talk to an attorney since it seems that unless your covered by VRLTA, you have very little rights and the landlord can enter at will.

Thanks for this heads up. However, I read the VRTLA and it states: "You are covered by the VRLTA if you live in an apartment building or in any type of multi-family housing. Multi-family housing means you share heating, hot water, entry and exit, or some other service with another unit in the same building."

My rental is a condominium, mostly owned - some rented. The one I live in is the only one the LL owns, but it does share water with the rest of the owners/tenants in the building. I also share drain pipes, stairs (to the front door), trash removal, etc. with my neighbours in the same buildding. I think that means I'm covered under VRTLA?

[reenzz]

Originally Posted by JustineF

Thanks for this heads up. However, I read the VRTLA and it states: "You are covered by the VRLTA if you live in an apartment building or in any type of multi-family housing. Multi-family housing means you share heating, hot water, entry and exit, or some other service with another unit in the same building."

My rental is a condominium, mostly owned - some rented. The one I live in is the only one the LL owns, but it does share water with the rest of the owners/tenants in the building. I also share drain pipes, stairs (to the front door), trash removal, etc. with my neighbours in the same buildding. I think that means I'm covered under VRTLA?

The VRLTA is aimed at property owners with multiple places for rent. Most landlords renting only a few homes, townhouses or condos fall under the exemption outlined in Code 55-248.5(A)(10). You may also look to the lease agreement itself. Sometimes landlords have language in the lease which states "shall be governed by VRLTA".

[gregir]

Get a door stop wedge and use in on the inside of the entrance door. It should stop anyone from just walking in. Then decide if this is worth pursuing. While the LL is probably not technically bound by the VRLTA I have found (as a landlord) that the courts often hold them to the basic principles of it. If I were you I would find a different place and send a notice that he has broken the terms of the lease by violating the VRLTA and entering illegally. All the info from the sheriff may help if he takes you to court.