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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38216
Experience:  17 years real estate, Realtor. Landlord 26 years
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Code of § 55-248.5. Exemptions; exception to exemption;

Customer Question

Code of Virginia § 55-248.5. Exemptions; exception to exemption; application of chapter to certain occupants.
Part A
2. Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest;
Explain what this piece of law means and how this works.
There are other Exemptions. I am looking at the motel part. If a person decides to stay at a motel and over extend their stay what does the motel owner do. How do they remove the person from the premises?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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2. Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest;
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That just means that you can't evict a buyer of the property if they are living there or their heir if they die and the heir is living there, or someone that the buyer assigns the contract to purchase to if they are living there.

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If a person decides to stay at a motel and over extend their stay what does the motel owner do. How do they remove the person from the premises?

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Motels and hotels have different rules and the person is considered a "guest" or "lodger" whose tenancy can be terminated at will and the police will then intervene and remove the person as a trespasser. That is unless the person is paying for their room on a weekly or monthly basis long term, (i.e. over 90 days) then they become a "tenant" and gain all the rights that a tenant has. After 90 days, a Hotel becomes subject to the Virginia Residential Landlord Tenant Act.

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thanks

Barrister

Customer: replied 1 year ago.
Why would you evict the buyer of the property? That don't make sense to me. Does the buyer not follow through on the purchase of the dwelling? They don't make payments or what?Where do you get anything about eviction? That clause is an exemption to the Virginia Residential Landlord and Tenant Act. If anything wouldn't this clause not apply to the VRLTA, and the person could be removed from the dwelling for not sticking to the contact of sale as a trespasser.So say a dwelling is under a contract of sale. The dwelling is sold or is in the process of being sold. The person living there is buying this dwelling. Does the person move in as part of the contract of sale or is the person living there already and is buying the dwelling? Could you give an example of this situation or where this situation goes bad?Why would this situation be exempted from the Virginia Residential Landlord Tenant Act?Does the Virginia Residential Landlord Tenant Act lay the basis for eviction rules for Virginia or is the eviction laws spread out in other parts of Virginia law? If the eviction rules are in other parts of Virginia Law can you point to those parts of law.Ok I see the part B,C,and D of § 55-248.5 where it exempts motel and the living there 90 days or less. So what is the procedure for removing a person from the motel. The cops are called and the owner charges the person with tresspassing and the person is immediately removed for criminal charges or does the owner have to go to court and get a writ of
possession to have the person removed which could take days or weeks?I am interested in the clause about the sale of the dwelling because I sold a mobile home and the buyer never followed through on making the down payment on time. They was allowed to move in on a temporary basis for 2 weeks and was they paid for that time. They was supposed to make the down payment for the contract of sale and didn't untill they was served with a pay or quit notice. I wanted them removed immediately as they breached the sales agreement. I was being told that I had to follow the eviction process to get them removed.
Expert:  Barrister replied 1 year ago.

Why would you evict the buyer of the property?

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You can't...that is the point... An exemption means that the VA Landlord Tenant Act doesnt' apply...

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If anything wouldn't this clause not apply to the VRLTA, and the person could be removed from the dwelling for not sticking to the contact of sale as a trespasser.

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No, exact opposite... The exemptions are all things that the VRLTA doesn't' apply to..

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Does the person move in as part of the contract of sale or is the person living there already and is buying the dwelling? Could you give an example of this situation or where this situation goes bad?

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This is entirely up to the seller as to whether they agree to allow the buyer to take pre-closing possession. Generally it is a bad idea and as an attorney for 15 years and a licensed Realtor for 13, I never suggest it.

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It goes bad if the buyer moves in, is pending approval for financing, gets denied, refuses to move out, and then files bankruptcy to tie up the property for 6 months or so before the seller can finally get them out..

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Why would this situation be exempted from the Virginia Residential Landlord Tenant Act?
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Because the buyer is in the process of purchasing the property....not where they are just renting it like a tenant. A purchaser has greater rights than a tenant in the event of a breach of contract.

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So what is the procedure for removing a person from the motel.

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The motel manager notifies the guest that they have to leave for some violation of the rules and then calls the police to remove the person as a trespasser if they don't leave.

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The cops are called and the owner charges the person with tresspassing and the person is immediately removed for criminal charges

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Correct.

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or does the owner have to go to court and get a writ of possession to have the person removed which could take days or weeks?

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No, as I stated earlier, unless the person has been renting there over 90 days, then the VRLTA doesn't apply and they are removed as a trespasser.

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I am interested in the clause about the sale of the dwelling because I sold a mobile home and the buyer never followed through on making the down payment on time.

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Now we are finally getting to the meat of the question... If you let them move in prior to paying, which is generally a bad idea, then if they are buying and are in breach of contract, but they paid rent for 2 weeks, then they have a lease with option to purchase and when they breach the sales agreement by failing to honor it, then they are just tenants who you would then have to evict through the courts.

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So you agreed to rent to them for 2 weeks until they got the money together for the downpayment. When they didnt' do so, you as the landlord have to terminate their tenancy with a written notice and then evict them through the courts just like any other tenant..

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thanks

Barrister