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idiot landlord paints/damages while I'm gone

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S

sorchag

Guest
While I was on vacation last month my landlord sent in a painter to paint the interior of my house. The painter moved everything and ruined some of my personal belongings. I returned to absolute chaos in the house. He subsequently came back into the house several times after I returned from vacation without my permission which I feel is a total invasion of my privacy. The landlord claims he had my permission to paint (he did not), and now wants me to try to get money from the painter for my damaged belongings. To add insult to injury, he then raised the rent by $300 per month starting June 1. What legal recourse do I have if any? And what's the best way to deal with this obnoxious jerk?
 


T

Tracey

Guest
Oh man, landlord is SOOOOO wrong! First, landlord is responsible for the damage the painter caused, because the painter was landlord's agent & people are responsible for their agent's actions. Second, landlord's rent hike is pretty obviously retaliatory, since he raised the rent AFTER you complained about the damages. You get to sue out his eyeballs. Here are some choice provisions of the VA landlord tenant act. You'll have to read the laws to see which one apply to residential leases and which to mobile home parks.


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§ 55-248.38

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.

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§ 55-248.51

Penalties for violation of chapter

If the landlord acts in willful violation of §§ 55-248.43, 55-248.45, 55-248.47 or § 55-248.50 or if the landlord fails to provide a written, dated lease, the tenant is entitled to recover from the landlord an amount equal to the greater of either the tenant's monthly rental payment at the time of the violation, or actual damages and reasonable attorney's fees.

§ 55-248.39

Retaliatory conduct prohibited

(a) Except as provided in this section, or as otherwise provided by law, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession or by causing a termination of the rental agreement pursuant to § 55-222 or § 55-248.37 after he has knowledge that: (i) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health or safety; or (ii) the tenant has made a complaint to or filed a suit against the landlord for a violation of any provision of this chapter; or (iii) the tenant has organized or become a member of a tenants' organization; or (iv) the tenant has testified in a court proceeding against the landlord. However, the provisions of this subsection shall not be construed to prevent the landlord from increasing rents to that charged on similar market rentals nor decreasing services that shall apply equally to all tenants.

(b) If the landlord acts in violation of this section, the tenant is entitled to the applicable remedies provided for in this chapter, including recovery of actual damages, and may assert such retaliation as a defense in any action against him for possession. The burden of proving retaliatory intent shall be on the tenant.

(c) Notwithstanding subsections (a) and (b) of this section, a landlord may terminate the rental agreement pursuant to § 55-222 or § 55-248.37 and bring an action for possession if:

(1) Violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or a member of his household or a person on the premises with his consent; or

(2) The tenant is in default in rent; or

(3) Compliance with the applicable building or housing code requires alteration, remodeling or demolition which would effectively deprive the tenant of use of the dwelling unit; or

(4) The tenant is in default of a provision of the rental agreement materially affecting the health and safety of himself or others. The maintenance of the action provided herein does not release the landlord from liability under § 55-248.11.

(d) The landlord may also terminate the rental agreement pursuant to § 55-222 or § 55-248.37 for any other reason not prohibited by law unless the court finds that the primary reason for the termination was retaliation.

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§ 55-248.50

Retaliatory conduct prohibited

A. Except as provided in this section, or as otherwise provided by law, a landlord shall not retaliate by selectively increasing rent or decreasing services or by bringing or threatening to bring an action for possession after he has knowledge that: (i) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health or safety; (ii) the tenant has made a complaint to or filed a suit against the landlord for a violation of any provision of this chapter; (iii) the tenant has organized or become a member of a tenants' organization; or (iv) the tenant has testified in a court proceeding against the landlord.

B. The landlord shall be deemed to have knowledge of a fact if he has actual knowledge of it; he has received a notice or notification of it; or, from all the facts and circumstances known to him at the time in question, he has reason to know that it exists.

C. Notwithstanding the provisions of subsections A and B of this section, a landlord may terminate the rental agreement pursuant to subsection A of § 55-248.46 and bring an action for possession if:

1. Violation of the applicable building and housing code was caused by lack of reasonable care by the tenant or a member of his household or a person on the premises with his consent;

2. The tenant is in default in rent; or

3. The tenant is in default of a provision of the rental agreement materially affecting the health and safety of himself or others.

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§ 55-248.9

Prohibited provisions in rental agreements

A. A rental agreement shall not contain provisions that the tenant:

1. Agrees to waive or forego rights or remedies under this chapter;

2. Agrees to waive or forego rights or remedies pertaining to the 120-day conversion or rehabilitation notice required in the Condominium Act (§ 55-79.39 et seq.), the Virginia Real Estate Cooperative Act (§ 55-424 et seq.) or Chapter 13 (§ 55-217 et seq.) of this title;

3. Authorizes any person to confess judgment on a claim arising out of the rental agreement;

4. Agrees to pay the landlord's attorney's fees except as provided herein;

5. Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or the costs connected therewith; or

6. Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual rental units unless required by federal law or regulation.

B. A provision prohibited by subsection A of this section included in a rental agreement is unenforceable. If a landlord brings an action to enforce any of said prohibited provisions, the tenant may recover actual damages sustained by him and reasonable attorney's fees.


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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