This comprehensive, stand-alone publication is direct from a March 2018 seminar.
Virginia’s Landlord-Tenant law traces its roots to England’s common law and was codified in the Virginia Landlord Tenant Act, or the VLTA, in the Code of Virginia. Virginia later adopted the Virginia Residential Landlord and Tenant Act, or VRLTA, which was based on the Uniform Landlord Tenant Act, and which regulates virtually every aspect of the residential landlord-tenant relationship. Why is this important? A residential landlord-tenant relationship requires consideration of elements that fall outside the lease agreement, to include not only compliance with the VRLTA but adherence to the Fair Debt Collection Practices Act and oftentimes federal bankruptcy law. It follows that a lease for residential real property is not just another contract but one involving present, possessory rights in real property emanating from ancient common law and codified for modern use. On the other hand, practitioners look not to the Code but to the law of contracts when advising clients on commercial lease matters.
This course provided a basic overview of residential and commercial landlord-tenant law with an emphasis on the VRLTA. Focus areas include various notice requirements, actions commonly brought by tenants, and issues that frequently arise in collecting rent and damages. The material briefly covers bankruptcy law as it affects landlord-tenant proceedings. Finally, some of the recent changes in the VRLTA were discussed.
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