THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, May 20, 1995 TAG: 9505180622
SECTION: REAL ESTATE WEEKLY PAGE: 38 EDITION: FINAL
COLUMN: Landlords and Tenants
SOURCE: Albert Teich Jr.
LENGTH: Medium: 94 lines
I have been renting my apartment for six years this June. I recently went to the Norfolk SPCA and applied to adopt a 9-month-old dachshund.
I gave my landlord's number and address to the SPCA as required and called him to let him know that they would be contacting him abut my dog. I was to pick up the dog several days later.
When I later spoke to my landlord, he said he had changed the lease to not allow dogs. I am devastated. In a recent column, you said the landlord could have allowed me to have a dog and still prohibit more recent tenants from having dogs.
I so desperately wanted the companionship and the health benefits of walking a dog every day. Evidently, the change in the lease was made because of my previous neighbor's German shepherd puppy, which was not well cared for.
Can the landlord make any deal he wishes to allow me to have a dog? I am looking for another place, but my income is limited. I love this place for being the right price and near the beach and for the sun I get through the windows.
If the landlord installs awnings and ruins my ability to paint in daylight, can I ask him to let me know so I can move elsewhere?
In answer to your first question as to whether the landlord may make any deal he wishes concerning animals, the answer is yes.
You mentioned that the landlord had changed your lease, but did you know he changed it? Do you have a lease in writing? On lease renewal day, did he ever notify you of the change in terms?
If you have a written lease for a specific period of time and your landlord never notified you of the change of lease on the renewal date, then he cannot change that lease during the its term without your permission.
Therefore, if that is the case, you would have the right to have the dog.
As to the installation of awnings and the reduction of the sunlight, which would make it impossible for you to paint, all I can say is that you would have to look at the terms of your lease.
Normally, the landlord cannot change the premises or the terms of the lease during the existence of the lease without permission of the tenant.
If the landlord does, then you may very well have the right to terminate the lease. I suggest that you examine your lease carefully.
Make sure the landlord knows that you need the sunlight in order to paint and make that part of your lease when you have the opportunity. Get it in writing
I entered into a verbal contract with the agent for the owners of a small house in Ivor. The agent promised to repair the floors at his leisure but he never did.
He never told me prior to my accepting the house that the well water was contaminated. He made attempts to seal the rings around the well; however, this did not fix the water. The agent's daughter left furniture and personal items and I agreed to store them until she came for them.
The agent broke into the house during my absence. He admitted this to the sheriff's deputy. He stated that since I was unhappy about the water and the break-in, I would have to move.
We had a verbal agreement and a handshake that I would rent the house ``for at least one year.'' The rent was always paid on time. I installed three lights and did the general upkeep of the place.
What legal recourse do I have, if any? The owners of the property are elderly and live up north. Would I have to sue the owners and the agent to recover rent for their not fixing the floors and wells?
First of all, it appears that you might be a tenant only from month to month. Any contract for an interest in real estate for more than one year must be in writing in order to be enforceable.
I note that you said that you and the agent had a verbal agreement and a handshake that you would rent the house for at least a year. If you could prove that to the satisfaction of the court, it might very well decide that you have a lease for one year and that you cannot be evicted.
This situation points out the need for people to reduce their agreements concerning the rental of real estate to writing so that each side knows exactly what they have.
If the agent tries to evict you, I would sit tight, wait for him to take you into court and tell the judge exactly what you have written to me.
As to whether you have the right to sue the owner or the agent to recover rent for their not fixing the floors and wells, the answer is probably not. If the floor was a material matter, you would probably have had the right to move out.
Since you did not and because this property does not fall under the Virginia Residential Landlord-Tenant Act, I doubt that you would have any recourse to sue for defective floors.
I think the same answer would hold true for the wells. MEMO: Albert Teich Jr. is a real estate lawyer based in Norfolk. Send
comments and questions to him at Real Estate Weekly, 150 W. Brambleton
Ave., Norfolk, Va. 23510.
by CNB