TCC: Rose Hall Apartments — VRLTA Review & Consolidation

User Context

Tenant received a landlord notice alleging nonpayment of a water bill. Tenant reports the water bill was paid in full on August 29, 2025. Landlord previously misidentified the unit as 3437 Warren Pl Apt 104, while the correct address is 3416 Warren Pl Apt 201. Tenant seeks VRLTA legal review, identification of misstatements, and preemptive actions.

Summary of Landlord Letter (received June 30, 2025)

From: Rose Hall Apartments, 3301 Eamon Court, Virginia Beach, VA 23452 — Leasing Manager: Chrissy Waters

Key content: Claims water bill 30+ days past due; adds $149.90 to ledger; cites "section 55-248.31 of the VRLTA"; states notice must be remedied immediately and warns of conversion to a 30-day notice to vacate on repeat breach.

Statutory Findings — 16 VRLTA & Related Provisions Relevant

1. § 55.1-1202 — Notice and definitions governing service and content of landlord notices.
2. § 55.1-1204 — Duty of good faith in performance and enforcement.
3. § 55.1-1206 — Prohibition on unconscionable lease provisions and unfair terms.
4. § 55.1-1212 — Rules for submetering, RUBS, recordkeeping, and tenant inspection rights.
5. § 55.1-1213 — Tenant payment/final accounting obligations; extinguishment on tender of full payment.
6. § 55.1-1221 — Tenant right to documentation and receipts for charges and payments.
7. § 55.1-1226 — Security deposit rules and proper accounting on charges.
8. § 55.1-1227(A) — Prohibition on retaliation after tenant exercises statutory rights.
9. § 55.1-1244 — Tenant procedures (rent escrow / assertion) to raise habitability or billing disputes.
10. § 55.1-1245 — Notices for noncompliance (21/30-day cure or quit; repeat-breach 30-day unconditional notice).
11. § 55.1-1247 — Effect and defect rules for improper notices.
12. § 55.1-1248 — Requirements for curing alleged breaches; what constitutes cure.
13. § 55.1-1249 — Injunctive relief for landlord violations.
14. § 55.1-1250 — Civil remedies and sanctions for willful landlord misconduct.
15. § 55.1-1251 — Wrongful eviction liability and damages.
16. § 55.1-1258 — Retaliation protections and remedies for tenants.

Six Legal Implications if Landlord Misquotes or Misstates Law

1. Defective Notice: Incorrect statutory citation and improper cure language can render the notice legally defective and unenforceable in unlawful detainer proceedings.
2. Due Process Deprivation: Demanding immediate remedy instead of providing the statutory cure period denies the tenant statutory rights under §55.1-1245(A).
3. Bad-Faith/Retaliation Risk: Misstatements may support a retaliation defense under §55.1-1258 if tied to tenant-protected actions.
4. Credibility Harm to Landlord: Inconsistent or outdated citations undermine the landlord’s credibility before a court.
5. Potential Liability: Repeated or willful misstatements can expose the landlord to statutory remedies, injunctive relief, and attorney's fees under VRLTA.
6. Tenant Leverage: A defective notice gives the tenant procedural and negotiation leverage and may justify counter-filings to memorialize the error.

Eight Assessments of 30-Day Unconditional Notice After Repeat Breach

• Strict statutory conditions apply: must be a repeat, substantially similar breach within six months and prior proper 21/30 notice. (See §55.1-1245)
• No cure right the second time: the 30-day unconditional notice ends tenancy without a second cure period.
• Documentation burden is heavy: landlord must show prior valid notice, cure, and the subsequent like-kind breach.
• Tenant defenses remain available at unlawful detainer hearing (notice defects, lack of like-kind breach, not intentional).
• Possible retaliation defense if notice follows tenant exercise of statutory rights (§55.1-1258).
• Notice affects tenant credit/history — a fault eviction is damaging long-term.
• Procedural pitfalls often derail landlords: wrong dates, wrong address, wrong statute citation, etc.
• Strategic tenant leverage: defective notices can be grounds for dismissal or favorable settlement.

Ten Preemptive Actions (to memorialize and escalate the defective notice)

1. File a complaint with DHCD — Virginia Department of Housing & Community Development to record the issue.
2. Contact Virginia AG Consumer Protection — flagging deceptive or misleading landlord practices.
3. File a Tenant’s Assertion / Pay into Court — use General District Court procedures to have the court review the dispute and memorialize documents.
4. Submit to Virginia Fair Housing Office — if relevant to protected activity or accommodations.
5. Engage Legal Aid / Virginia Poverty Law Center — for advocacy and to create an institutional record of the notice.
6. File an ethics/complaint with Realtor/Landlord Association — request review of statutory misrepresentations.
7. File with the BBB and local tenant groups — public and advocacy records of landlord conduct.
8. Send certified rebuttal to landlord — demand correction of address and confirmation of paid balance.
9. Request a tenant-file audit under VRLTA recordkeeping rules and request copies of calculations for submetering/RUBS.
10. Contact local elected officials — create political oversight and pressure.

Draft Complaint Letter (Regulatory / Oversight)

[Your Name]
3416 Warren Pl., Apt 201
Virginia Beach, VA 23452
[Date]

To: Virginia Department of Housing & Community Development (DHCD)
600 E. Main Street, Suite 300
Richmond, VA 23219

Re: Formal Complaint Regarding Defective and Misleading Lease Violation Notice – Rose Hall Apartments

I am writing to formally submit a complaint regarding a defective and misleading “lease violation” notice issued by my landlord, Rose Hall Apartments (3301 Eamon Court, Virginia Beach).

On June 30, 2025, I received a letter signed by Leasing Manager Chrissy Waters alleging my household water bill was past due and citing VRLTA §55-248.31. The letter demanded immediate remediation and threatened conversion to a 30-day notice to vacate on repeat breach.

The letter is defective for these reasons:
  - Incorrect statutory citation (outdated / erroneous reference).
  - Impermissible dual/converted notice language that misstates the tenant's statutory cure rights.
  - The alleged debt was paid in full on August 29, 2025; therefore, there is no ongoing breach to justify further action.
  - Misstated address in prior correspondence undermines proper notice.

Requested action:
  1. Review and memorialize the June 30, 2025 letter as a possible VRLTA violation.
  2. Require correction of landlord records and written confirmation that my account balance is zero.
  3. Provide guidance / corrective action as appropriate.

Respectfully,
[Your Name]
      

Draft Rebuttal Letter to Landlord (Certified Mail)

[Your Name]
3416 Warren Pl., Apt 201
Virginia Beach, VA 23452
[Date]

Rose Hall Apartments
3301 Eamon Court
Virginia Beach, VA 23452

Re: Response to June 30, 2025 Notice (Water Bill / Incorrect Address)

To Whom It May Concern:

I write in response to your June 30, 2025 notice alleging my water bill is past due. Please be advised:
  1. My correct address is 3416 Warren Pl., Apt 201. Prior correspondence listing 3437 Warren Pl., Apt 104 is incorrect.
  2. The water balance referenced was paid in full on August 29, 2025. Please confirm in writing that the account balance is zero.
  3. Your notice cites an incorrect statute and uses improper cure language. Under Va. Code §55.1-1245, notice must provide a statutory cure period and cannot demand "immediate" remediation in place of the cure period.

Please correct your records and confirm in writing within ten (10) days that: (a) you have corrected my address; and (b) my account balance is zero. Failure to correct will result in escalation to DHCD, the Virginia Attorney General's Office, and may result in court filings.

Sincerely,
[Your Name]
      

Practical Next Steps & Evidence Preservation

• Keep originals: save the June 30 letter, all prior landlord letters, and proof of payment (bank statement, receipt).
• Send the rebuttal via certified mail and keep the return receipt.
• File complaints in parallel (DHCD, AG consumer protection, Legal Aid) and attach the letter as an exhibit.
• If an eviction is filed, file a Tenant Assertion / pay into court and attach the June 30 letter to the court record.

Footer — Quick Reference

Correct tenant address: 3416 Warren Pl., Apt 201, Virginia Beach, VA 23452. Water bill paid in full: August 29, 2025. Landlord letter dated June 30, 2025. Leasing Manager: Chrissy Waters.