Can a landlord evict a disabled person in Virginia?

Can a landlord evict a disabled person in Virginia?

In Virginia, landlords are legally allowed to evict a tenant, including a disabled person, for valid reasons such as failure to pay rent, violation of the lease agreement, or causing damage to the property. However, landlords cannot evict a disabled person simply because of their disability. Doing so would be considered discriminatory under the Fair Housing Act.

The Fair Housing Act protects individuals with disabilities from discrimination in housing, including eviction based on their disability. Landlords are required to make reasonable accommodations for disabled tenants, such as allowing a service animal or providing accessible parking spaces.

If a disabled tenant is facing eviction, it is important for them to seek legal assistance to determine if their rights have been violated under the Fair Housing Act. A lawyer can help the tenant present their case and ensure that they are not unfairly evicted due to their disability.

Related FAQs:

1. Can a landlord refuse to rent to a disabled person in Virginia?

No, it is illegal for a landlord to refuse to rent to a disabled person in Virginia based on their disability. This would be considered discrimination under the Fair Housing Act.

2. Can a landlord charge extra rent for a disabled tenant’s accommodations in Virginia?

No, landlords cannot charge extra rent for accommodations needed by a disabled tenant, such as a service animal or wheelchair ramp. This would be considered discriminatory under the Fair Housing Act.

3. Can a landlord evict a disabled person for having a service animal in Virginia?

No, landlords cannot evict a disabled person for having a service animal in Virginia. A service animal is considered a reasonable accommodation under the Fair Housing Act.

4. Can a landlord evict a disabled person who falls behind on rent in Virginia?

Yes, a landlord can evict a disabled person who falls behind on rent in Virginia if they have followed the legal process for eviction. However, the disability status of the tenant cannot be the sole reason for the eviction.

5. Can a landlord evict a disabled person for causing damage to the property in Virginia?

Yes, a landlord can evict a disabled person for causing damage to the property in Virginia if they have not repaired the damage or reimbursed the landlord for the repairs.

6. Can a disabled tenant request accommodations from their landlord in Virginia?

Yes, disabled tenants can request accommodations from their landlord in Virginia, such as installing grab bars or widening doorways for wheelchair access. Landlords are required to provide reasonable accommodations under the Fair Housing Act.

7. Can a disabled tenant be evicted for disturbing other tenants in Virginia?

Yes, a disabled tenant can be evicted for disturbing other tenants in Virginia if they are causing a nuisance or violating the terms of the lease agreement. This applies to all tenants, regardless of disability status.

8. Can a disabled tenant be evicted if their disability causes them to violate the lease agreement in Virginia?

Yes, a disabled tenant can be evicted if their disability causes them to violate the lease agreement in Virginia, such as not paying rent or damaging the property. However, the eviction cannot be solely based on the disability.

9. Can a disabled tenant request reasonable accommodations after receiving an eviction notice in Virginia?

Yes, a disabled tenant can request reasonable accommodations after receiving an eviction notice in Virginia. Landlords are required to consider these requests under the Fair Housing Act.

10. Can a disabled tenant be evicted for not maintaining the property in Virginia?

Yes, a disabled tenant can be evicted for not maintaining the property in Virginia if they are responsible for upkeep according to the lease agreement. This applies to all tenants, regardless of disability status.

11. Can a disabled tenant be evicted during the COVID-19 pandemic in Virginia?

Yes, a disabled tenant can still be evicted during the COVID-19 pandemic in Virginia for valid reasons such as failure to pay rent or violating the lease agreement. However, there may be additional protections or programs in place to assist tenants facing eviction.

12. Can a disabled tenant be evicted without a court order in Virginia?

No, a disabled tenant cannot be evicted without a court order in Virginia. Landlords must follow the legal process for eviction, which includes serving proper notice and obtaining a court order for eviction.

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