Friday, July 30, 2010

Another Bomb Dropped on Small Business

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The Federal Government just can't seem to stop itself from it's relentless attack against the people of this country. Now starting in 2012, you are required to send a 1099 to every single company that you spend more than $600 with within the year. EVERY ONE. From large big box stores like Lowes or Walmart to the small business who cleaned your carpets a few times or sold you a work vehicle. Repeated business meals at places like our El Rodeo meetings will also require 1099's. And don't forget about the utility companies like AEP, Roanoke Gas and the Water Authority. You will be required to record the Tax ID number of the seller for every purchase you make and keep close track of who goes over $600.

This was a little atom bomb tucked away in Health Care Reform Act. One little atom bomb of many. If they want to "close the tax gap" to fund the forced health care bill maybe they should consider removing all of those 12 million who have illegally entered the United States to work under the table while collecting welfare, foodstamps, social security that they did not pay into, child care, schools, jails at 50K per year per inmate, etc. The vagrants around Roanoke's Rescue Mission even all have FREE cell phones with FREE monthly plans. How will they survive without a cell phone???

Do you think those who are illegally employing illegal aliens are going to send 1099's? NOPE, this only will effect law abiding citizens. A good way to get the law abiding citizens to provide free health care for illegal aliens.

The one way out of it is if you pay for EVERYTHING with a debit or credit card. I wonder why they want all money funneled through the banks?

Read more about it HERE

Tuesday, July 27, 2010

NEW Financial Reform Legislation Includes Mortgage Aid for the Unemployed

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Posted by Carole VanSickle on Tuesday, July 27th 2010

While the main focus on financial reform has been on how the new rules and regulations will impact Wall Street and “Main Street” when it comes to how investors, bankers and borrowers work together, tucked into “Wall Street Reform” is a $1 billion “emergency homeowner’s relief fund” that can be distributed starting October 1 of this year[1]. An additional $1 billion has been allocated for redeveloping abandoned and foreclosed homes.

While the details and allocation of these funds has not yet been made public, unemployed homeowners currently can receive at least 3 months forbearance on mortgage loans through HAUP (Home Affordable Unemployment Program). Currently, states determined to be “hardest hit” receive extra federal funds for foreclosure prevention, but the new monies are to be allocated to help unemployed homeowners in all parts of the country who find themselves unable to sell their homes, make their payments or borrow against their home to keep themselves afloat.

DO IT or pay a $37,500 fine as punishment from the Government

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EPA Rule Increases Protection from Lead-Paint Poisoning Agency also extends deadline for required training.

Release date: 07/06/2010
WASHINGTON – Beginning today, all contractors performing renovation, repair or painting work in homes built before 1978 must follow lead-safe work practice requirements. A new EPA rule removes a provision from existing regulations that allowed owner-occupants of pre-1978 homes to “opt-out” of having their contractors follow lead-safe work practices if there were no children under six years of age in the home.
At present, almost a million children have elevated blood lead levels as a result of exposure to lead hazards, which can lead to lower intelligence, learning disabilities, and behavior issues. Adults exposed to lead hazards can suffer from high blood pressure and headaches. EPA has eliminated the so-called opt-out provision because improper renovations in older homes can create lead hazards resulting in harmful health effects for residents and visitors in these homes, regardless of age. The result will better protect children and adult occupants during and after renovation, repair and painting projects.
In April 2008, EPA issued the Lead Renovation, Repair and Painting (RRP), which required the use of lead-safe work practices in pre-1978 homes but included the opt-out provision. EPA’s new rule, effective today, removes the opt-out provision and makes the RRP consistent with statutory requirements.
The RRP rule requires certification of training providers and lead-safe work practice certification for individuals involved in the construction and remodeling industry. To date, EPA has certified 254 training providers who have conducted more than 16,000 courses and trained an estimated 320,000 renovators in lead-safe work practices.
Because of concern that contractors in some areas may be having difficulty accessing training classes, EPA recently announced that it is providing renovation firms and workers additional time to obtain training and certifications to comply with the new lead rules. EPA will not take enforcement action for violations of the rule’s firm certification requirement until October 1, 2010, and will not enforce certification requirements against individual renovation workers if they apply to enroll in certified renovator classes by September 30, 2010 and complete the training by December 31, 2010.
The agency will continue to take enforcement actions against renovation firms and individuals who do not comply with the RRP work practices and associated recordkeeping requirements. The lead-safe work practices include dust control, site clean up and work area containment. It is important that contractors take proactive steps to protect children, families, and themselves while they take the training and file the appropriate paperwork.

More information on the lead RRP program: http://www.epa.gov/lead

Thursday, July 15, 2010

Who Got These Unconstitutional Bills Passed?

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It's very important that you contact your Virginia legislatures about these unjust bills and here are some more people you can contact if you have the ability to do so.

HB2563 of the 2005 Session - I believe this is the original bill that sticks it to us. It was later incorporated into HB1922
Republican Danny W. Marshall http://www.dannymarshall.com/ DelDMarshall@house.virginia.gov 804-698-1014

Democrat Ward Armstrong http://www.wardarmstrong.com/ warda@kimbanet.com or delwarmstrong@house.state.va.us 804-698-1010

Conservative Robert Hurt http://www.roberthurt.org/ http://www.roberthurt.org/contact-us/2.html?Itemid=20 434-432-4600

Democrat Virginia Senator Roscoe Reynolds also had a part in previous bills that lead to these.
district20@senate.virginia.gov http://sov.state.va.us/SenatorDB.nsf/46a07744bc5f87da85256b1400534347/85c08952a4f3943c85256aa000719999?OpenDocument

HB2247 of the 2009 Session
Democrat William K Barlow (Bill) http://barlowfordelegate.com/ info@barlowfordelegate.com 757-356-0303

Republican Delegate Matthew Lohr and Republican Senator Ralph K. Smith in this past session tried to help us with HB396 http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB396 . The bill they introduced completely took the owner out of the picture.

It was sent to the Committee of Counties, Cities and Towns and they "stalled" the bill or in other words shot it down not allowing it to even be voted on. They later supported the HB407 by Glenn Oder still requiring the property owner to pay the tenants bills.

Shortly afterward our friend Delegate Matthew Lohr Resigned.

The members on the Committee of Counties, Cities and Towns are:
Glenn Oder, Matthew Lohr, Riley Ingram, Robert Marshall, Daniel W. Marshall, Salvatore Iaquinto, Anne B. Crockett-Stark, Charles D. Poindexter, Donald W. Merricks, Barry D. Knight, James W. Morefield, James e. Edmunds, Christopher Stolle, James LeMunyon, Lionell Spruill, Onzlee Ware, Albert Pollard, Delores McQuinn, Algie Howell, Scott Surovell, Kaye Kory, and Luke Torian.

It's unfortunate and I was surprised to see that the majority (14 of 22) of these delegates that stopped the unconstitutional bill from being fixed are Republicans.

HB407 of the 2010 Session
Delegate G. Glenn Oder was the patron of HB407. 757-930-8683 goder94@gmail.com http://www.glennoder.com Allowing owners to deduct a utility bill of the tenants from the security deposit which we couldn't previously do but we are not bill collectors and should not have the 3rd party responsibility of paying them anyways therefore this is unacceptable. I'm sure he was not aware that often a tenant will not pay the last month of rent or will damage the property in some way or another and the entire security deposit is often needed to cover losses.

....Tenants don't have the money to pay a two months security deposit. Shame on Onzlee Ware. He should have not done this to his district / constituents which is primarily in a low income rental area. To date he refuses to respond. His secretary answers that he's looking into it... as if he doesn't already know about it considering he is on the Committee of Cities, Counties and Towns and he is the one who decided to not let the bill by Senator Ralph Smith and Delegate Matthew Lohr get voted on. All of the other Senators and Delegates in this area are more than willing to talk about it, many of which said they would be patrons of a new bill.

Letter You Can Modify And Send To Your Senator and Delegate

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Dear Mr. _____,

I'm contacting you regarding a very concerning bill that you possibly voted for that gives the Water Authority the right to collect money from a landlord (a third party that had no beneficial use of the service) for what a tenant did not pay. I'm a member of a real estate investors group in Roanoke VA that a number of it's members have just recently been attacked by the Water Authority with liens placed on their property.

We see it as being extremely unjust to place a lien on the property of a 3rd party person who had no use of the service and did not cosign for the tenants water bill. This is highly illegal in all forms of law and has been found unconstitutional.

The bill I am referring to is HB2247 of the 2009 Session and the Virginia code put in place is Virginia Code § 15.2-5139 - Lien for charges. Another one is Passed from HB 2563 of the 2005 Session and it's code is Virginia Code § 15.2-5124 - Delinquent payment of rates and charges. These are the two bits of Virginia Code that the water company refers to when showing their right to take advantage of a 3rd party for a water bill. This was done in Florida, Minnesota and Wisconsin to investors as well and was taken to court and deemed unconstitutional.

In the recent 2010 session the bill HB407 was passed essentially making landlords collection agents for the water company authorizing them to take the unpaid bill out of their security deposit assuming that of which in most cases the tenant didn’t already use up that deposit by not paying their last month of rent and causing damage to the property.

Our Real Estate Investors group has 255 members with over 1,000 properties in Roanoke alone. Our membership of investors is diverse and includes people from all walks of life. From real estate lawyers to former city councilmen and professional investors. We would be more than happy to assist in writing an amendment to these unjust bills if you would be willing to do so.

Please let me know if you would be willing to propose an amended bill that will resolve this issue.


Best Regards,


Dallas

Unconstitutional Bills Requiring a 3rd Party To Pay For A Product That They Had No Beneficial Use Of

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Virginia Code 15.2-5139 – Liens placed on landlords property
Apparently back in 2005 they passed bills hb2563 and rolled it into hb1922 allowing them to place a lien on a landlords property. The latest bill related to that is hb2247 of the 2009 session which clarified the language.

CHAPTER 420
An Act to amend and reenact § 15.2-5139 of the Code of Virginia, relating to water and waste authorities; liens.
[H 2247]
Approved March 27, 2009

Be it enacted by the General Assembly of Virginia:
1. That § 15.2-5139 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-5139. Lien for charges.
A. There shall be a lien upon real estate for the amount of any fees, rents or other charges by an authority to the owner or lessee or tenant of the real estate for the use and services of any system of the authority by or in connection with the real estate from the time when the fees, rents or charges are due, and for the interest which may accrue thereon. Such lien shall be superior to the interest of any owner, lessee or tenant of the real estate and rank on a parity with liens for unpaid real estate taxes. An authority may contract with a locality to collect amounts due on properly recorded utility liens in the same manner as unpaid real estate taxes due the locality. A lien for delinquent rates or charges applicable to three or fewer delinquent billing periods not exceeding thirty days each months may be placed by an authority if the authority or its billing and collection agent (i) has advised the owner of such real estate at the time of initiating service to a lessee or tenant of such real estate that a lien will be placed on the real estate if the lessee or tenant fails to pay any fees, rents or other charges when due for services rendered to the lessee or tenant; (ii) has mailed to the owner of the real estate a duplicate copy of the final bill rendered to the lessee or tenant at the time of rendering the final bill to such lessee or tenant; and (iii) employs the same collection efforts and practices to collect amounts due the authority from a lessee or a tenant as are employed with respect to collection of such amounts due from customers who are owners of the real estate for which service is provided.
B. The lien shall not bind or affect a subsequent bona fide purchaser of the real estate for valuable consideration without actual notice of the lien until the amount of such fees, rents and charges is entered in a judgment lien book in the office where deeds may be recorded in the locality in which the real estate or a part thereof is located. The clerk in whose office deeds may be recorded shall make and index the entries therein upon certification by the authority, for which he shall be entitled to a fee of two dollars per entry, to be paid by the authority and added to the amount of the lien. The authority shall give the owner of the real estate notice in writing that it has made such certification to the clerk.
C. The lien on any real estate may be discharged by the payment to the authority of the total lien amount, and the interest which has accrued to the date of the payment. The authority shall deliver a certificate thereof to the person making the payment. Upon presentation of such certificate, the clerk having the record of the lien shall mark the entry of the lien satisfied, for which he shall be entitled to a fee of one dollar.



Virginia Code 15.2 – 5124 – More on landlords owing the tenants bill Hb 2563 of the 2005 session landlord owes up to 3 months of bills.

HOUSE BILL NO. 2563
Offered January 12, 2005
Prefiled January 12, 2005
A BILL to amend and reenact §§ 15.2-2119 and 15.2-5124 of the Code of Virginia, relating to water and sewer charges.
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Patrons-- Marshall, D.W., Armstrong and Hurt
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Referred to Committee on Counties, Cities and Towns
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Be it enacted by the General Assembly of Virginia:
1. That §§ 15.2-2119 and 15.2-5124 of the Code of Virginia are amended and reenacted as follows:
§ 15.2-2119. Fees and charges for sewer services.
For sewer service provided by localities, fees and charges may be charged to and collected from: (i) any person contracting for the same; (ii) the owner, lessee or tenant, or some or all of them who use or occupy any real estate (a) which directly or indirectly is or has been connected with the sewage disposal system and (b) from or on which sewage or industrial wastes originate or have originated and have directly or indirectly entered or will enter the sewage disposal system; or (iii) any user of a municipality's water or sewer system with respect to combined sanitary and storm water sewer systems where the user is a resident of the municipality and the purpose of any such fee or charge is related to the control of combined sewer overflow discharges from such systems. Such fees and charges shall be practicable and equitable and payable as directed by the respective locality operating or providing for the operation of the water or sewer system. In any instance where service under this section is contracted for by an occupant of the property that is not the owner, the owner shall be liable for delinquent fees or charges only if a locality or its billing and collection agent has advised the owner of such real estate at the time of initiating service to a lessee or tenant of such real estate that the owner will be liable for the delinquent fees or charges.
Such fees and charges, being in the nature of use or service charges, shall, as nearly as the governing body deems practicable and equitable, be uniform for the same type, class and amount of use or service of the sewage disposal system, and may be based or computed either on the consumption of water on or in connection with the real estate, making due allowances for commercial use of water, or on the number and kind of water outlets on or in connection with the real estate or on the number and kind of plumbing or sewage fixtures or facilities on or in connection with the real estate or on the number or average number of persons residing or working on or otherwise connected or identified with the real estate or any other factors determining the type, class and amount of use or service of the sewage disposal system, or any combination of such factors, or on such other basis as the governing body may determine. Such fees and charges shall be due and payable at such time as the governing body may determine, and the governing body may require the same to be paid in advance for periods of not more than six months. The revenue derived from any or all of such fees and charges is hereby declared to be revenue of such sewage disposal system.
Water and sewer connection fees established by any locality shall be fair and reasonable. Such fees shall be reviewed by the locality periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable. Nothing herein shall affect existing contracts with bondholders which are in conflict with any of the foregoing provisions.
If the fees and charges charged for the use and services of the sewage disposal system by or in connection with any real estate are not paid when due, a penalty and interest shall at that time be owed as provided for by general law, and the owner, lessee or tenant, as the case may be, of such real estate shall, until such fees and charges are paid with such penalty and interest to the date of payment, cease to dispose of sewage or industrial waste originating from or on such real estate by discharge thereof directly or indirectly into the sewage disposal system. If such owner, lessee or tenant does not cease such disposal within two months thereafter, the locality or person supplying water for the use of such real estate shall cease supplying water thereto unless the health officers certify that shutting off the water will endanger the health of the occupants of the premises or the health of others.
Such fees and charges, and any penalty and interest thereon shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes. Such amounts, plus reasonable attorney's attorneys' or collection agency's fees which shall not exceed twenty 20 percent of the delinquent tax bill, may be recovered by the locality by action at law or suit in equity. In any city with a population greater than 390,000, such fees and charges, along with delinquent water and sewer connection fees, and any penalty and interest thereon shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes. Such amounts, plus reasonable attorney's attorneys' or collection agency's fees which shall not exceed twenty 20 percent of the delinquent fee or charge, may be recovered by such city by action at law or suit in equity.
Notwithstanding any provision of law to the contrary, any town with a population between 11,000 and 14,000, with the concurrence of the affected county, which provides and operates sewer services outside its boundaries may provide sewer services to industrial and commercial users outside its boundaries and collect such compensation therefor as may be contracted for between the town and such user. Such town shall not thereby be obligated to provide sewer services to any other users outside its boundaries.
§ 15.2-5124. Delinquent payment of rates and charges.
Notwithstanding any other provision of this chapter, if the use of any water or sewer system is contracted for by an occupant who is not the owner of the premises and such occupant's premises are separately metered for service, the owner of any such premises shall be liable (i) for delinquent rates or charges only if the authority has advised the owner of such real estate at the time of initiating service to a lessee or tenant of such real estate that the owner will be liable for the delinquent rates or charges, and (ii) only for the payment of delinquent rates or charges applicable to three delinquent billing periods, which together shall not exceed a period of ninety days. No authority shall refuse service to other premises of the owner not occupied by someone who is delinquent in the payment of such rates or charges on account of such delinquency provided that such owner has paid in full any delinquent charges for which he is liable. No authority shall refuse service to or unreasonably delay reinstatement of service to premises vacated by a delinquent occupant if a new party has applied for service, provided the owner of the premises has paid in full all delinquent charges for which he is liable.



HB 407 of the 2010 session Allows landlords to become bill collectors for the water authority by allowing them to take non-paid water out of the tenants security deposit. Landlords need the security deposit because many tenants cause damage well beyond it. Also many tenants cut loose at the last month without paying rent so their entire security deposit is used up there as well, not counting damages. In this scenario the 3rd party landlord still gets the loss out of their pocket for a product that they had no beneficial use of.


§ 55-248.15:1. Security deposits.
A. A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two months' periodic rent. Upon termination of the tenancy, such security deposit, whether it is property or money, plus any accrued interest thereon, held by the landlord as security as hereinafter provided may be applied solely by the landlord (i) to the payment of accrued rent and including the reasonable charges for late payment of rent specified in the rental agreement; (ii) to the payment of the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with § 55-248.16, less reasonable wear and tear; or (iii) to other damages or charges as provided in the rental agreement. The security deposit, any accrued interest and any deductions, damages and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due the tenant within 45 days after termination of the tenancy and delivery of possession.
Nothing in this section shall be construed by a court of law or otherwise as entitling the tenant, upon the termination of the tenancy, to an immediate credit against the tenant's delinquent rent account in the amount of the security deposit. The landlord shall apply the security deposit in accordance with this section within the 45-day time period. However, provided the landlord has given prior written notice in accordance with this section, the landlord may withhold a reasonable portion of the security deposit to cover an amount of the balance due on the water, sewer, or other utility account that is an obligation of the tenant to a third-party provider under the rental agreement for the dwelling unit, and upon payment of such obligations the landlord shall provide written confirmation to the tenant within 10 days thereafter, along with payment to the tenant of any balance otherwise due to the tenant. In order to withhold such funds as part of the disposition of the security deposit, the landlord shall have so advised the tenant of his rights and obligations under this section in (i) a termination notice to the tenant in accordance with this chapter, (ii) a vacating notice to the tenant in accordance with this section, or (iii) a separate written notice to the tenant at least 15 days prior to the disposition of the security deposit. Any written notice to the tenant shall be given in accordance with § 55-248.6.
The tenant may provide the landlord with written confirmation of the payment of the final water, sewer, or other utility bill for the dwelling unit, in which case the landlord shall refund the security deposit, unless there are other authorized deductions, within the 45-day period, or if the tenant provides such written confirmation after the expiration of the 45-day period, the landlord shall refund any remaining balance of the security deposit held to the tenant within 10 days following the receipt of such written confirmation provided by the tenant. If the landlord otherwise receives confirmation of payment of the final water, sewer, or other utility bill for the dwelling unit, the landlord shall refund the security deposit, unless there are other authorized deductions, within the 45-day period. …………

Neighborhood Stabilization Programs to Get Discounts on REO Properties

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Posted by Carole VanSickle on Thursday, July 15th 2010
HUD announced earlier this week that it will be providing discounts on REO properties to state and local governments and non-profit organizations during the already-established “First Look” viewing period for HUD foreclosed properties . “First Look” is a program that gives these entities a grace period in which they can view the home but other parties cannot. Now, in addition to the grace period, NSP purchasers will receive a 10% discount off the appraised value of the property.

Programs like NSP have traditionally been limited to use by local governments to assist with properties suffering as a result of foreclosure or other financial strain. However, President Obama’s stimulus program expanded the eligible organizations to include disreputable “community organizing” groups like ACORN, which focuses largely on expanding the power base of extremely liberal politicians like Obama himself.

HUD hopes that this addition to the initiative will accelerate the sale of foreclosed HUD homes and support neighborhood stabilization. The First Look period lasts about 2 weeks from the time that the property is conveyed to the FHA, and once the period of time has expired the property can be viewed by and sold to anyone.

Fannie Mae launched a similar initiative in 2009, and both initiatives exclude investors until after the grace period is complete. Fannie Mae’s version focuses on owner-occupant homebuyers.
Do you think it is wise to limit who purchases properties and how they are purchased, even just for a limited period of time? Does this impact your investing strategy or outlook?

Thank you for reading! Your comments and questions are welcomed below.


Read more: http://realestate.bryanellis.com/2225/neighborhood-stabilization-programs-to-get-discounts-on-reo-properties/#y9ov6oXuxTiC#ixzz0tlIneKrA

Monday, July 12, 2010

Apartments for Rent

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Large one bedroom duplex apartment 933 Van Buren St. NW.
Eat in kitchen, electric stove, refrigerator, oversized bathroom.
Total electric with built in air condition. Water sewer furnished.
Convenient location to Melrose Area
$515. Month plus same deposit.
Year lease.

References background check. $30.00 application fee.
CBW Rentals LLC
Call 540/580/1252 for more info.




Large one bedroom duplex apartment 2101 Riverdale St.Se
Eat in kitchen, electric stove, refrigerator, oversized bathroom.
Total electric with built in air condition. Washer dryer hook up. Water sewer furnished.
Convenient location to south east Vinton Area
$525. Month plus same deposit.
Year lease.

References, background check $30.00 application fee.
CBW Rentals LLC.
Call 540/580/1252 for more info



Large one bedroom duplex apartment 2507 Delano St. Ne
Eat in kitchen, electric stove, refrigerator, oversized bathroom.
Total electric with built in air condition. Water sewer furnished.
Convenient location to Williamson Rd Area
$515. Month plus same deposit.
Year lease.

References Credit history.
CBW Rentals LLC.
Call 540/580/1252 for more info

Friday, July 9, 2010

Virginia Eviction Process

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By: http://real-estate-law.freeadvice.com/landlord_tenant/virginia-evictions.htm

Landlord Tenant
Virginia Eviction

The process of evicting a tenant is governed by Virginia law. While changing the locks or disconnecting vital services might seem the most convenient way to get rid of unwanted tenants, doing so is against the law, and Virginia landlords will face possible penalties for such actions. The requirements necessary to evict in Virginia differ somewhat depending on the circumstances surrounding the eviction.

Available Virginia Termination Notices

Eviction typically must begin with the landlord serving some sort of notice to the tenant. The only time notice does not have to be given is when a tenant remains on the property after the expiration of a lease or there is a special agreement where a month-to-month or year-to-year tenancy does not require notice. In all other cases, a landlord must serve notice before proceeding on with the eviction. The particular notice that must be given depends on the circumstances.

If you have a rental agreement without any specific expiration date, the landlord must give one of the following written notices that the tenancy is terminated:

30-Day Notice: In the case of a month-to-month tenancy.

90-Day Notice: In the case of a year-to-year tenancy.

If a tenant violates the rental agreement or lease, you can evict them using one of the following notices:

5-Day Notice: If the tenant fails to pay rent, you must give him or her 5 days to pay or give up possession. (Va. Code Ann. Section 55-225)

21 Days to Remedy: If a tenant violates the lease, the landlord must give him or her 21 days to remedy the violation or the lease is terminated after 30 days. (Va. Code Ann. Section 55-248.31(a))

30-Day Noncompliance Notice: If a tenant violates their lease or legal obligations in a way that is not remediable, a 30-day termination notice should be served. (Va. Code Ann. Section 55-248.31(c))

Immediate Termination: If a tenant performs certain illegal activities, such as possessing drugs, or violates their legal obligations in a way that poses a threat to health or safety, the lease can be immediately terminated. (Va. Code Ann. Section 55-248.31(c))

Getting Help

In Virginia, evictions are handled at the General District Court. Find your local court at the Virginia judicial system website. You may be able to locate forms for initiating eviction proceedings there or at connecting court websites. While filling out legal forms to evict your problem tenant may seem like an easy way to do the trick, remember that events don't always turn out the way you planned. If this happens, you may need to turn to someone for help. If you are unsure of the termination and/or eviction process at any point, you might decide to hire or consult an experienced Virginia landlord or tenant attorney. When doing so, you can consult the list of Questions to Ask your Virginia Evictions Lawyer below to help with your decision.

Self-Help Evictions in Virginia

While simply changing the locks or turning off utilities may seem like the easiest solution to a landlord's tenant problems, self-help evictions are not permissible under Virginia law. (Va. Code Ann. Section 55-225.2). In these cases, tenants can sue for actual damages or the return of the security deposit.


Wednesday, July 7, 2010

Landlord Is Now Responsible for Collecting Water Bills

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Water Authorities in the State of Virginia


New Water and Sewer Delinquent Payment bill has been passed that now requires landlords to be bill collectors for the Water Authority. If the tenant caused damage to your property in excess of your deposit as many do, you now will be forced to give the Water Authority first dibs on your security deposit in order to not get a lien placed on your property. Whatever damage beyond their water bill will come out of the landlords pocket because as we all know, most tenants won't pay a judgment.

http://www.nvbia.com/advocacy/legislative-wrap-up-2010.html

WATER AND SEWER DELINQUENT PAYMENT - House Bill 407 (Delegate Glenn Oder). As a component of the annual update of the Virginia landlord / tenant changes, this measure provides that if the landlord has not received the final water, sewer or other utility bill for the dwelling unit within the 45-day period, the landlord may provide written notice to the tenant that a portion of the security deposit is being held pending settlement of the water, sewer or other utility account, after which settlement, the landlord shall refund any remaining balance within 10 days.

Many localities or their Water and/or Sewer Authorities have the ability to place liens on property (owners) for delinquent water and sewer charges. That same authority applies to rental units. Meaning, many property owners are being required to pay the delinquent water and sewer bills for tenants that vacate their rental property. Often such bills are received long after an apartment or rental home is vacated and the delinquent charges can be substantial. This constitutes a balanced approach to this statewide issue and will allow landlords protection from such charges while providing the mechanism for payment of outstanding fees by the appropriate responsible party.
 

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