Legal Question in Landlord & Tenant Law in Virginia

Sublease Problem

I have been subleasing an apartment

under a tenant for 8 months now.

The Management knows nothing

about the sublease. Few days ago,

my friends and I had come back to

my apartment after a night out and

unintentionally were loud. He woke

up and started screaming. We

apologized and he threatned to throw

us out. I apologized again and while

we went back to my room he

threatened to throw us out again. I

told him he cannot do

this as it is illegal. He then told me he

would call the cops. Which he did,

even though I did not confront him.

This morning he served me a notice

saying that he wants me out within

30 days because I have:

1. Bringing in your guests or invitees

repeatedly who have posed

threat to safety and health;

3. Disturbing the peace at night with

loud speaking and loud sound

from TV or computer;

4. Cooking unknown substances in

the common area and allowing

the smoke and smells to damage my

health and personal properties;

5. Moving and breaking my personal

belongings without permission;

He cannot prove any of the above.

Am not sure what rights I hold. What

can I do?


Asked on 6/08/09, 1:45 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Sublease Problem

If the regular lease of the tenant under whom you

have been supposedly subleasing requires notice and approval of the landlord or management authority before such subleasing may be permitted, you apparently would have no defense to the landlord's action to now "boot you" from these premises, so to speak,(irrespective of the validity of his allegations),and, consequently, you had best start looking for new "digs" to which you can move(in my opinion).

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Answered on 6/09/09, 1:00 am


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