Can my landlord evict me?

I have a lease that states I am to receive a $500 concession on my rent. The landlord doesn’t want to honor the lease and has served me with a Notice to Pay or Quit because I didn’t pay the $500 on this months rent. Can my landlord evict me?

Asked on September 2, 2011 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can only be evicted if you do not honor your lease; that is, if you are doing what is required of you  in the lease, including paying the appropriate amount, you cannot be evicted. The question is, what exactly does the lease say in regards to the $500 concession: for example, is it guaranteed, or does it only come into play under certain circumstances? How do you receive it and when--for example, do you pay the full rent, then get a credit back at some later date? Etc. If you are fully complying with the lease, you should be subject to eviction, but that includes complying with the procedure, too--how and when certain payments should be made.


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