Legal Question in Landlord & Tenant Law in Virginia

no lease

my new wife has lived in an apartment for about 15 years.she has made several inprovements to the dwelling over the years with permission from the landlord,recently he has decided to raise the rent by $100.00 to cover what he contributes to inflation,taxes,and insurance.the problem i have with all of it is simple;there is no lease.my question is:can a landlord raise rent or evit a tenant with out a lease agreement between the two parties?if not what are my legal rights in this matter, i mean do i wait to for his legal move or should i inform him of this issue?


Asked on 11/16/04, 7:52 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: no lease

How do you know for certain that there's no lease? Perhaps, there's an oral understanding that

your wife continues to lease the unit on a month to month basis with each party having the right

to terminate or effect significant changes upon the tendering of a 30 day notice to the other.

If that is the case then most of the actual terms governing this infornal lease arrangement would most likely be determined by the Virginia Residential Landlord Tenant Act (VRLTA) found in title 55 of the Virginia Code.

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Answered on 11/19/04, 4:56 pm
Jonathon Moseley Jonathon A. Moseley

Re: no lease

Yes, the critical question is how she got into

this arrangement in the first place. It didn't

happen by itself. And in the details of how

it started is likely to be the answer to your

question.

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Answered on 11/20/04, 9:19 pm


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