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Property Managers and the Law
Posted by: Whose in my house! ()
Date: October 28, 2008 02:39PM

Does anyone know if Virginia has a law that requires property managers give you at lease 24hrs notice prior to showing up to your rental property? The other day I had the property manager for the house I am renting show up unannounced and let himself into the house while no one was home. I read every line of my contract and do not remember a clause saying the property manager could show up unannounced.

Thanks

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Re: Property Managers and the Law
Posted by: Law Dog ()
Date: October 28, 2008 02:44PM

Your landlord may gain access to the property to make repairs, inspect the property, or to show the property to prospective buyers or tenants. In these cases, the tenant may not unreasonably withhold access to the property. In cases where access is denied, either party may bring a civil action in General District Court to remedy the issue. Section 55-248.10:1 of the VRLTA addresses the rights and remedies of both landlords and tenants.

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Re: Property Managers and the Law
Posted by: VaCode ()
Date: October 28, 2008 02:46PM

§ 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, carbon monoxide detection devices, 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 given 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.

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Re: Property Managers and the Law
Posted by: Registered Voter ()
Date: October 28, 2008 03:02PM

So it would appear the 24 hour rule applies to things like routine maintenance issues. At least they chose to show up when you weren't at home.

Quote

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.

No doubt it was impractical to do so in your case... :)

I have been around apartment complexes for years, and usually the management would send out notices when routine maintenance would be occurring, and they would leave a notice when they came indicating the work they performed. If they needed to check something out that required immediate attention they would usually just go and do it and make sure to leave the notice in case there was a problem.

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Re: Property Managers and the Law
Posted by: Radiophile ()
Date: October 28, 2008 04:34PM

The VRLTA applies only if the landlord rents more than 5(?) units, or the lease says it applies.

If you are renting a house from someone and it his only property, the VRLTA probably does not apply.

The VRLTA covers most residential rental agreements. Several types of properties are
exempt from the Act, including single-family rental houses where the landlord owns and
rents ten or fewer such houses. Landlords and tenants not covered by the VRLTA may
be entitled to different protections and certain protections and benefits discussed in this
handbook may not be available.
Apartments: All apartments are covered by the VRLTA, no matter how few apartments
the landlord rents. Duplexes are considered apartments ONLY if they share common
areas (i.e., hallways, stairs, foyers) and/or heating facilities, hot water equipment or any
other essential facility or service with any other dwelling unit. Otherwise, duplexes are
considered single-family dwellings and are only covered by the VRLTA if the landlord
owns and rents more than ten single-family dwelling units.
Motels/Hotels/Manufactured Homes: Motels and boarding houses are covered by the
VRLTA if the tenant lives in such residence for more than 30 days. Some provisions of
the VRLTA protect tenants in manufactured home parks. These are explained in more
detail in the Manufactured Home Lot Rental Handbook.
Public Housing and Section 8: Landlord-tenant relations in public housing, Section 8
housing, and other federally subsidized housing are regulated by the United States
Department of Housing and Urban Development (HUD). The VRLTA applies to such
rentals as long as it is consistent with federal regulations. Tenants in subsidized housing
may gain certain rights from the VRLTA in matters that federal regulations do not cover.
For federal regulations, contact your local housing authority or agency, the HUD Area
Office in Richmond (or in Washington, D.C., if you live in Northern Virginia), or the
Virginia Poverty Law Center.
Single Family Housing: The VRLTA applies to single-family dwellings if the owner
owns more than ten dwellings. However, if the owner owns more than four single-family
residences or condominium units located within a city or any county having either the
urban county executive form (Fairfax) or county manager plan of government
(Arlington), the VRLTA applies. Single-family dwellings may be covered under the
VRLTA if there is a clause in the lease that states the VRLTA will apply.
When entering into rental agreements, landlords and tenants may be unaware of
important rights and obligations, such as a landlord’s right to charge an application fee
and the requirements for its return; interest earned on security deposits; and the rights and
responsibilities involved in rental agreements. The VRLTA provides Virginia’s legal
requirements and limitations on these and other rental issues.

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