Legal Question in Landlord & Tenant Law in Virginia

My wife (aka Ce) and I (aka Ji) have been renting the same house for over 4 years. We have never been late on our rent. We have completed and paid for all the maintenance issues resulting form the property since day one. The landlord is very cheap and extremely self centered. He (aka Ch) and I were friends until recently.

The property is owned by a married couple that is currently separated and heading for final divorce in March 2010. Both the husband (Ch) and wife (aka Ka) are on the note & deed and all 4 of us are on lease. Recently our lease period ended and we decided to stay on a month-to-month basis as defined in the lease. We all verbally agreed that this would happen at this point in time when we signed the last lease agreement over one year ago. Once we went month-to-month the husband's behavior has become very nasty and he has asked us to vacate.

Now he is trying to pressure us into vacating the property ASAP and has threatened eviction. The wife (Ka) fears that he (Ch) is trying to do this so he can "take advantage of her and their family financially" when they go for their final divorce settlement in March 2010. She (Ka) does not want us to vacate the property. We are still paying the rent on time, as we always have. He (Ch) is still accepting and depositing our rent checks.

Today I rec'd a "30 Day Notice of Non Remedial Breach" from my local sheriff's dept. It states that we have 30 days to vacate the premises. It was signed by the husband (Ch) only. Can the husband (Ch) move forward to evict us without his wife's (Ka) consent?


Asked on 1/05/10, 10:14 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

You should look to the precise language of the lease itself and the manner in which it is signed by the parties for an answer to this question. However, if it is not determinable from this kind of examination of the lease, the issue is likely not worth contesting nor litigating and you would be wise (in my opinion) to simply move in 30 days (particularly, in view of the fact that you may have to move in a few months anyway as a result of the property being disposed of in the divorce).

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Answered on 1/11/10, 6:26 am


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