THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, October 22, 1994 TAG: 9410200298
SECTION: REAL ESTATE WEEKLY PAGE: 20 EDITION: FINAL
COLUMN: Landlords & Tenants
SOURCE: William Mazel and Albert Teich Jr.
LENGTH: Medium: 75 lines
In 1992, I entered into a lease for an apartment in Virginia Beach for a year. Ninety days before the expiration of the lease in 1993, my landlord sent a letter to me saying that he would renew my lease but would increase the rent by $25 per month.
I did not sign anything further indicating my acceptance, but I have been paying the $490 rent every month since then.
Last month, I was late in paying my rent and now my landlord has filed suit against me for the rent and a late fee. If I fail to pay my rent by the 5th of the month, the late fee would be $25.
If I still have not paid the rent by the 10th, the late fee would go to $75, and if I fail to pay by the 20th, the fee escalates to $100. I feel that the late fee is excessive. Now that the landlord has sued me, am I going to have to pay the $100 late fee?
If the property is not covered by the Virginia Residential Landlord-Tenant Act, there is no doubt that the amount of a late fee can be set by contract between the two parties, and as long is it does not result in a forfeiture (which we do not believe would be the case according to the facts set forth above), then the court will enforce the $100 late fee.
Even though the property might be covered by the Landlord Tenant Act, the law allows the landlord to insert a clause in a lease calling for payment of late fees, but the act does not place a limit on the amount of the late fee.
Therefore, we believe, as the law stands now, that your landlord was within his rights in establishing the late fees mentioned in your lease and you, by agreeing to those late fees when you signed the lease, will be bound by it.
We think that a court will, if your landlord does continue his suit, enforce the collection of the $100 late fee.
Can my landlady evict me from my premises just because she does not like me? I pay my rent on time, I have lived on the premises several years and I do not damage the property.
The only problem my landlady has with me is that I do quite often ask for improvements to be made in the apartment.
The last time I asked for improvements to be made, the landlady complained that I was always whining and demanding things to be done.
She told me not to come back again seeking unneeded and unwarranted (according to her) requests. I have the usual one-year lease with six months to run.
Your landlady has no right to evict you until the end of your lease.
Since you have six months to go on your lease, the landlady will have to comply with the terms of the lease n order to give you notice of refusal to renew the lease at the end of the term.
Most of the leases around here require 30 days notice in writing to be given by either party when they want to terminate the lease at the end of a regular lease term or the lease will automatically renew itself for another period of time.
In your case, you tell us you have six months to go on your lease and, therefore, your landlady cannot evict you for the reasons you have given us, but is stuck with you for the balance of the term and you are stuck with her for the balance of the term unless you both come to a mutual agreement that you will move.
As long as your landlady is not refusing to renew your lease for discriminatory reasons and simply does not like you, the landlady has as much right to refuse to renew the lease as you have the right to refuse to renew it just because you do not like your landlady.
In your case, no discrimination is indicated. It is, therefore, our opinion that the landlady is stuck with you for the balance of the term and you have the right to stay there as long as you continue to pay your rent and perform your other legal obligations. MEMO: Albert Teich Jr. and William Mazel are real estate lawyers based in
Norfolk. Send comments and questions to them at Real Estate Weekly, 150
W. Brambleton Ave., Norfolk, Va. 23510. by CNB