A review of when attorney’s fees are allowed in a Virginia landlord-tenant action provided by our Williamsburg Newport News Landlord/Tenant Attorneys.
One of the most important issues in deciding whether to retain an attorney is whether or not you might be able to obtain an award for attorney’s fees if you win your case. It is also an important part of how your attorney structures the fee agreement for your Virginia landlord-tenant action. If attorney’s fees are available and you have a reasonable case, a contingency or flat fee might be appropriate.
When Tenants Can Recover Attorney’s Fees
According to Virginia’s Residential Landlord Tenant Act, tenants can obtain attorneys fees if successful in a Virginia landlord-tenant action against a landlord based on the following:
– Violation of the security deposit rules (mandatory)
– Failure to properly deliver possession of the unit
– Failure to provide essential utility services (heat, water, electricity, or gas) (mandatory)
– The landlord attempting to enforce prohibited provisions
– The landlord unlawfully or unreasonably entering the unit or repeatedly demanding entry
– Unreasonable non-compliance with the rental agreement or the Virginia landlord/tenant act (mandatory)
When Landlords Can Recover Attorney’s Fees
Landlords can obtain attorneys fees if successful in a Virginia landlord-tenant action against a tenant based on the following:
– Refusal to allow reasonable access to the unit
– Failure to properly vacate the property after termination of the agreement
– The tenant asserting an improper defense in an eviction proceeding
– Non-compliance with the rental agreement or the Virginia landlord/tenant act
Whether your are a landlord or a tenant, our Williamsburg Newport News Landlord/Tenant Attorneys at Collins & Hyman are ready to help you protect your rights. Call today for a consultation. 757-645-0827.
Gregory S. Bean is one of our Williamsburg Newport News Landlord/Tenant Attorneys at Collins & Hyman PLC.