Landlord/Tenant issues. Legal actions?

Submitted by ThrowawayRVAlegal t3_11cwsh8 in rva

Hello,

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I have been dealing with my property management company for roughly 4 months now about the ongoing issues we have been having. To make a long story short, there has been a guest of a tenant that has been staying here who has been playing their music past curfew, Having verbal arguments with their partner, and straight up causing scenes throughout the building. It has gotten so bad, to the point where the guest couple have been physically abusive with each other, and the cops had to intervene. Nothing ever came of that and it has still been ongoing till this day. One night at 4am she was going around threatening to kill everyone in the apartment and banging on other tenants doors. Multiple complaints has been filed against the tenant AND the guest, but they are still here and still causing problems.

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My partner has a very bad history of trauma and abuse, so just hearing this can set her off on a meltdown. I have had to miss work as well as rent out hotel rooms or sleep in my car, just so we don't have to deal with the screaming and commotion. The cops have come out countless times and nothing is ever done.

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At this point we are looking into extended stays just so we can get some peace until whatever is done with that they say is being done

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Is there anything we can do at this point, or are we just stuck and just have to deal with this for the rest of our lease?

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ZephyrInfernum t1_ja5uxpa wrote

r/legaladvice

If you've not already done so, begin documenting all instances of this tenant violating the lease/rules. Video/audio record when possible with dates, etc. You can likely use this as leverage to end your lease early if need be.

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nite_rituals t1_ja62q1a wrote

Don’t put superglue in their keyhole…

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choicebutts t1_ja5wll6 wrote

Look carefully at your lease to see if there is any language about guests and if you are liable for guest behavior or damage. Also, some places require that all residents in a unit have to be on the lease and there may be a rule about how many days in a year one guest can stay before they're asked to sign a lease.

As another commenter said, document everything you can. Keep your receipts from your hotel stays.

Even though complaints have been made, prepare to make one in writing and send it by registered mail, and include copies of your receipts.

If you have renters insurance, find out if there's some kind of emergency support for this situation. I doubt it, but asking is always free.

Before going into planning mode, contact the Legal Aid Justice Center for guidance. They'd probably be able to advise you of the best way to proceed.

https://www.valegalaid.org/organization/legal-aid-justice-center-richmond-office/housing/landlord-and-tenant-issues

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dreww4546 t1_ja5u8l0 wrote

From my understanding, it's hard for landlords to evict tenants if rent is being paid. They would have to go court and prove these people pose an actual threat to other tenants, and since the police didn't charge them with a crime, that's a hard thing to prove

And frankly, a lot of landlords don't care if rent is paid and damage is not being done to the apt.

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ZephyrInfernum t1_ja5uq7m wrote

The loud tenants are likely in violation of the lease they agreed to, which is enough to have them evicted. Yes, LL would have to go through eviction process but they don't have to prove they're a threat. Multiple documented instances of breaking the noise curfew is sufficient.

Depending on the location, the LL may very well not care so long as rent is being paid, but the posing a threat thing is nonsense.

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ThrowawayRVAlegal OP t1_ja64drh wrote

But the thing is the people who are causing the noises are not even on the lease. they are guests of the tennant. How do you evict someone who is not on the lease

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Ditovontease t1_ja6mrcu wrote

I mean the tenant is in violation of the lease (supposedly, I have never signed a lease that didn't lay out how long a "guest" can stay without informing the landlord) and the landlord can evict the tenant and their guest? But of course that is between the landlord and tenant, so not sure what you can do.

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Ditovontease t1_ja6momn wrote

If the cops were called multiple times I thought it was relatively easy in Virginia to kick them out.

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Charlesinrichmond t1_ja5v5vj wrote

The law makes it very hard to evict people I'm not sure this rises to the level of an eviction.

But you can negotiate with your landlord to get out of your lease to move someplace else that would be my first step if I were you

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ThrowawayRVAlegal OP t1_ja64foa wrote

I wish it was that easy to find an affordable place in this city...

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Charlesinrichmond t1_ja896nf wrote

yeah. Unfortunately, as you are experiencing, the affordable places tend to have a higher level of shithead. You are kind of stuck and have to pick your poison.

From what you describe the judge wouldn't grant an eviction on this data. It's hard to evict people who are paying their bills. This is what "stopping evictions" looks like

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sleevieb t1_ja60mqb wrote

Send a certified letter about all this. Mention fearing for your safety and the night time disturbances. Give copies to your building neighbors about what’s going on, maybe a copy of the letter too.

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Soloemilia t1_ja5tgxa wrote

What has been the response of the property management co? Do you know who actually owns the building, can you go to them directly also?

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ThrowawayRVAlegal OP t1_ja65djn wrote

it has always been "we are working on it" or "its in the works" or "we have done everything we can" since October.

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DriveRVA t1_ja6segx wrote

The Virginia State Bar association has a referral program that lets you have a preliminary meeting with a lawyer up to 35 min for $30. It would be a good place to start with specific questions like this. https://vlrs.community.lawyer/

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JosefDerArbeiter t1_ja7szxi wrote

OP, do you have an electronic copy of your lease agreement you could link? If not, could you scan it to PDF and link? That would help us to give you some advice on where other tenants (& their guests) are not abiding by rules (i.e. Section 2: Paragraph 4: Subsection 1)

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Aliecatruns t1_ja8g9c1 wrote

Maybe we’re neighbors lol (not trying to make light. I’m dealing with the exact same thing. I have ptsd and I can’t tell you how many nights I had to sleep in my closet or leave all together because of fighting and slamming doors all day and night since December. Good luck!

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ThrowawayRVAlegal OP t1_ja9xmv5 wrote

Are you near the convention center?

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Laucchi t1_jacoghc wrote

I’m also wondering if we’re neighbors or at least nearby — I’m near the convention center and have had a few nights in recent memory where I’ve been woken up by a screaming couple/screaming group of people outside in the street.

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RVAPerson804 t1_ja8jn0t wrote

Could you sublease your place and get out that way?

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Mollysindanga t1_ja5z7g9 wrote

Considering the hurdles of other routes, have you considered a DIY type solution to this person, or if not up to the task of handling it yourself, invite a DIY type person to stay with you for a short while?

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dreww4546 t1_ja5zp1p wrote

Are you suggesting they hire THE A TEAM to intervene?

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Mollysindanga t1_ja5zxcu wrote

Mr. T might or might not be available, with book tours and all.

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[deleted] t1_ja665xu wrote

[deleted]

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Mollysindanga t1_ja677fm wrote

He loves it when a plan comes together.

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My personal favorite DIY is a compressed airhorn. When it gets loud outside your window/door, it's highly effect in sending a stfu announcement for you. And your neighbors who are equally annoyed by the screaming will be tapping you on the back the next day, laughing at the ingenuity.

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ThrowawayRVAlegal OP t1_ja649ig wrote

Im not sure what you mean by DIY?

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Monstrous_13 t1_ja8nskg wrote

Take matters into your own hands. Unadvisable if theyve threatened to kill everyone. If you can maybe get a recording of them threatening the safety of other tenants you can bring evidence to your landlord, the police.

Raise hell with your landlord after collecting some evidence, id bet your lease has noise regulation. Id also wager you can enlist the help of your neighbors and complain to the landlord together en masse. Pressure that more than one tenant is displeased and might vacate will get their attention.

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