Buyers do not want to inherit a tenant who isnt paying, he says. Virginia Residential Landlord and Tenant Act stayhomevirginia.com 2-1-1 Virginia Contact Us 600 East Main Street, Suite 300 Richmond, VA 23219 804 371 7000 Tenants and Landlords - For information about Rent Relief call 1-833-RENT-RELIEF or email rrpsupport@egov.com Access CAMS FOIA Organizational Chart Audit Policy Sign up for DHCD updates Ordering escrow funds disbursed to pay a creditor to prevent or satisfy a bill to enforce a mechanic's or materialman's lien. of Title 54.1, the landlord shall provide to a prospective tenant a written disclosure that states such information. 489, 617; 2009, c. 663; 2011, c. 766; 2014, c. 632; 2015, c. 596; 2016, c. 744; 2017, c. 730; 2018, cc. But, once the boxes get unpacked and the furniture gets arranged, it quickly starts to feel like home. With regard to tenants not having to leave their homes, thats for nonpayment of rent. "Premises" means a dwelling unit and the structure of which it is a part, facilities and appurtenances contained therein, and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant. An order entered pursuant to this section may require the landlord to (i) allow the tenant to recover possession of the dwelling unit, (ii) resume any such interrupted essential service, or (iii) fix any willful actions taken by the landlord or his agent to make the premises unsafe for habitation. Other conditions apply. Tenants may be able to change locks if the lease agreement allows for it, though it is recommended that they get permission before doing so. shall be effective unless it contains on its first page, in type no smaller or less legible than that otherwise used in the body of the notice, the name, address, and telephone number of the legal aid program, if any, serving the jurisdiction in which the premises is located. A. 2. Terminating the rental agreement upon the request of the tenant or ordering the surrender of the premises to the landlord if the landlord prevails on a request for possession pursuant to an unlawful detainer properly filed with the court; 2. "Ratio utility billing system" means a program that utilizes a mathematical formula for allocating, among the tenants in a residential building, the actual or anticipated water, sewer, electrical, oil, or natural gas billings billed to the residential building owner from a third-party provider of the utility service. 355, 356, 55-248.40:1; 2022 c. 797. The landlord's installation of a carbon monoxide alarm shall be in compliance with the Uniform Statewide Building Code ( 36-97 et seq.). Note: These rights exist regardless of a rental agreement stating otherwise. If additional damages are discovered by the landlord after the security deposit disposition has been made, nothing in this section shall be construed to preclude the landlord from recovery of such damages against the tenant, provided, however, that the tenant may present into evidence a copy of the move-out report to support the tenant's position that such additional damages did not exist at the time of the move-out inspection. Virginia allows tenants to legally break a lease for the following reasons: Protected groups. 1974, c. 680, 55-248.40; 2013, c. 110; 2019, c. 712. The provisions of this section shall not be applicable if the landlord has been granted an order of possession for the premises in accordance with Title 8.01 and execution of a writ of eviction has been completed pursuant to 8.01-470. 2000, c. 760, 55-248.10:1; 2019, c. 712. 15. In such circumstances, the tenant shall provide to the landlord or managing agent a video tour of the dwelling unit or other acceptable substitute for exhibiting the dwelling unit for sale or lease. If you have a fixed-term lease with your tenant, the tenant has the right to remain in the rental home for the duration of the lease whether or not you sell the home, though some exceptions may apply. Any member of the Armed Forces of the United States or a member of the National Guard serving on full-time duty or as a civil service technician with the National Guard may, through the procedure detailed in subsection B, terminate his rental agreement if the member (i) has received permanent change of station orders to depart 35 miles or more (radius) from the location of the dwelling unit, (ii) has received temporary duty orders in excess of three months' duration to depart 35 miles or more (radius) from the location of the dwelling unit, (iii) is discharged or released from active duty with the Armed Forces of the United States or from his full-time duty or technician status with the National Guard, or (iv) is ordered to report to government-supplied quarters resulting in the forfeiture of basic allowance for quarters. I. If the court finds that the defendant was responsible for such act or omission, it shall enjoin the defendant from continuance of such practice, and in its discretion award the plaintiff damages as provided in this section. What Documents Will I Need for Taxes if I Bought a House Last Year? However, the new owner would still be able to deduct from the security deposit for any damage to the home attributable to the tenant, if outlined in the original lease agreement. 180, 700, 712. A rule or regulation adopted, changed, or provided to the tenant after the tenant enters into the rental agreement shall be enforceable against the tenant if reasonable notice of its adoption or change has been given to the tenant and it does not constitute a substantial modification of his bargain. Virginia landlords are required to make the following disclosures: Virginia law prohibits lockouts but is otherwise silent on changing locks. 5 of the Top We Buy Houses for Cash Companies in Cape Coral, 6 of the Top We Buy Houses for Cash Companies in Melbourne, Florida, using an owner move-in (OMI) eviction notice, some cities have restricted this workaround. 386, 394, 712; 2020, c. 998; 2021, Sp. 2004, c. 123, 55-248.7:2; 2005, c. 285; 2010, c. 550; 2012, c. 788; 2015, c. 596; 2018, c. 221; 2019, cc. But if thats not an option, or youre unhappy with the new lease terms, you mighthave to move out and find a new place to rent. 5, 45, 477; 2021, Sp. "Interior of the dwelling unit" means the inside of the dwelling unit, consisting of interior walls, floor, and ceiling, that enclose the dwelling unit as conditioned space from the outside air. The tenant has paid into court the amount of rent called for under the rental agreement, within five days of the date due under the rental agreement, unless or until such amount is modified by subsequent order of the court under this chapter. The estate of the tenant shall remain liable for actual damages under 55.1-1251, and the landlord shall mitigate such damages. Getting a new landlord before your lease ends could mean nothing. To sweeten the deal, owners might want to offer tenants an incentive for their assistance. If the rent is paid by the tenant after the fifth day of any given month, the landlord shall be entitled to charge a late charge as provided in this chapter; 6. Agrees to pay the landlord's attorney fees except as provided in this chapter; 5. In some rare cases, the owner can evict existing tenants if they or a direct family member plans to occupy the property as a primary residence using an owner move-in (OMI) eviction notice, but some cities have restricted this workaround. If continued occupancy is lawful, 55.1-1411 shall apply. 489, 640; 2010, cc. You'll have to leave the property each time. Sign In, Virginia Residential Landlord and Tenant Act, Division of Legislative Automated Systems (DLAS). Both the landlord and tenant must sign a form at the end of the statement acknowledging that the tenant has received from the landlord the statement of tenant rights and responsibilities. 8. The landlord shall notify a tenant in writing that the tenant has the right to obtain a separate policy from the landlord's policy for renter's insurance. : 1. These rights may impact when you, as the landlord, can schedule house viewings and affect other steps in the process. 1973, c. 301, 55-218.1; 1987, c. 360; 2006, c. 318; 2008, c. 119; 2019, cc. E. A tenant may request a copy of his tenant records in paper or electronic form. Otherwise, finding a buyer is not going to be easy. Keep all common areas shared by two or more dwelling units of a multifamily premises in a clean and structurally safe condition; 4. The tenant shall continue to be responsible for payment of rent under the rental agreement during the period of any temporary relocation and for the remainder of the term of the rental agreement following the remediation. If the tenant makes a request for maintenance, the landlord is not required to provide notice to the tenant. Recently, in the state of New York, by law, a 30-90 days notice must be given to the tenant to move out and also specify the date on which your tenancy will end. Provide a certificate to the tenant stating that all smoke alarms are present, have been inspected, and are in good working order no more than once every 12 months. D. No notice of termination of tenancy served upon a tenant by a public housing authority organized under the Housing Authorities Law ( 36-1 et seq.) Virginia Tenant Rights: From Application to Termination. There's usually a 30-day requirement, for both sides, to indicate your intention to move or their intention of lease termination. 2013, c. 531, 55-248.21:2; 2019, c. 712. According to Real Estate Exam Ninja, a real estate broker's license is the most commonly required type of accreditation needed for property management. D. The information required to be furnished by this section shall be kept current, and the provisions of this section extend to and are enforceable against any successor landlord or owner. The termination date shall be no more than 60 days prior to the date of departure necessary to comply with the official orders or any supplemental instructions for interim training or duty prior to the transfer. Sess. Naturally, the better the relationship is between the owner and the tenant to begin with, the less of a snag this is. If the landlord requests a continuance or to set the case for a contested trial, the court shall not require the rent to be escrowed. The landlord may also engage an attorney at law to prepare or provide any written notice under this chapter or legal process under Title 8.01. 3901 et seq., prior to the occurrence of a dispute between landlord and tenant. 2. Sources of the Law II. A landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth, shall not take any adverse action, as defined in 15 U.S.C. Provides sworn testimony explaining the reasons for being unable to make rental payments as contracted for in the rental agreement; 5. Housing Opportunities Made Equal of Virginia (HOME) offers classes on the ins and outs of renting, tips for tenants, and other helpful documents for renters. In the event of a breach of the rental agreement or noncompliance by the tenant, the landlord shall be entitled to recover from the tenant the following, regardless of whether a lawsuit is filed or an order is obtained from a court: (i) rent due and owing as contracted for in the rental agreement, (ii) other charges and fees as contracted for in the rental agreement, (iii) late charges contracted for in the rental agreement, (iv) reasonable attorney fees as contracted for in the rental agreement or as provided by law, (v) costs of the proceeding as contracted for in the rental agreement or as provided by law only if court action has been filed, and (vi) damages to the dwelling unit or premises as contracted for in the rental agreement. The tenant may assert that there exists upon the leased premises a condition that constitutes a material noncompliance by the landlord with the rental agreement or with provisions of law or that, if not promptly corrected, will constitute a fire hazard or serious threat to the life, health, or safety of occupants of the premises, including (i) a lack of heat or hot or cold running water, except where the tenant is responsible for payment of the utility charge and where the lack of such heat or hot or cold running water is the direct result of the tenant's failure to pay the utility charge; (ii) a lack of light, electricity, or adequate sewage disposal facilities; (iii) an infestation of rodents; or (iv) the existence of paint containing lead pigment on surfaces within the dwelling, provided that the landlord has notice of such paint. E. The landlord may, in accordance with a written agreement, delegate to a managing agent or other third party the responsibility of providing any written notice under this chapter. For those with a month-to-month lease, there are already rules built-in regarding what constitutes reasonable notice to vacate. The tenant or his designated representative may be present during the testing of the energy allocation equipment. 489, 640; 2009, c. 663; 2014, c. 632; 2015, c. 274; 2017, c. 730; 2018, cc. So Saenger and his two roommates negotiated a "cash for . If any such funds are remaining after application, the remaining funds shall be treated as a security deposit under the provisions of 55.1-1226. If a rental agreement given effect pursuant to this section provides for a term longer than one year, it is effective for only one year. D. A local government or nonprofit entity may procure the services of a third-party licensed contractor or pesticide business on behalf of the tenant pursuant to subsection B. Sess. C. If the tenant makes all payments in accordance with the court-ordered payment plan, the judge shall dismiss the unlawful detainer as being satisfied. A victim may exercise a right of termination under this section to terminate a rental agreement in effect when the conviction order is entered and one subsequent rental agreement based upon the same conviction. However, if the landlord makes available tenant records to each tenant by electronic portal, the tenant shall not be required to pay for access to such portal. If a landlord receives prepaid rent, it shall be placed in an escrow account in a federally insured depository authorized to do business in Virginia by the end of the fifth business day following receipt and shall remain in the account until such time as the prepaid rent becomes due. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; 3. In no event, however, shall the effective date of the termination exceed one month from the date of mailing. 1974, c. 680, 55-248.20; 2000, c. 760; 2019, c. 712. Virginia Department of Behavioral Health and Developmental Services, Office of Behavioral Health Wellness (OBHW), Military Service Members, Veterans and Families, Early Intervention for Infants and Toddlers, Individual and Family Support Program (IFSP), Intermediate Care Facilities for Individuals with Developmental Disabilities (ICF/IID), Support Coordination/Case Management Resources, Victims of Eugenics Sterilization Compensation Program, Public Guardianship for Individuals with Intellectual and Developmental Disabilities, Office of Epidemiology and Health Analytics, Learn about the Individual and Family Support Program (IFSP). E. Nothing in this section shall be construed to prohibit the landlord from recovering from the tenant, as part of the rent, the tenant's prorated share of the actual costs of other insurance coverages provided by the landlord relative to the premises, or the tenant's prorated share of a self-insurance program held in an escrow account by the landlord, including the landlord's administrative or other fees associated with the administration of such coverages. 41, 81; 2019, c. 712. At any time thereafter, the tenant may consent in writing to the landlord addressing such nonemergency property conditions in the normal course of business of the landlord. While the landlord may be able to sell their rental property, it must be in good faith and done according to the rules laid out by the Landlord and Tenant Board. Furthermore, if the landlord is required to conduct maintenance or an inspection pursuant to the agreement for the loan or insurance policy that covers the dwelling unit, the tenant shall allow such maintenance or inspection, provided that the employees and agents sent by the landlord are wearing all appropriate personal protective equipment as required by state law. A landlord must go through the court process to remove a tenant and prove one of the grounds for eviction in court. This can lead to tension between seller and tenant, though it does not have to. The most crucial factor is the type of rental . 2005, cc. Virginia landlords must follow specific state (as well as federal, and often local) rules when it comes to renting to tenants. 5. 182, 183. G. Notwithstanding any enforcement action undertaken by the State Corporation Commission pursuant to its authority under 56-245.3, tenants and owners shall retain any private right of action resulting from any breach of the rental agreement or lease terms required by this section or 56-245.3, if applicable, to the same extent as such actions may be maintained for breach of other terms of the rental agreement or lease under this chapter, if applicable. If the tenants have been in place for a few years, they might have fallen in love with the property or really enjoy the . "Written notice" means notice given in accordance with 55.1-1202, including any representation of words, letters, symbols, numbers, or figures, whether (i) printed in or inscribed on a tangible medium or (ii) stored in an electronic form or any other medium, retrievable in a perceivable form, and regardless of whether an electronic signature authorized by the Uniform Electronic Transactions Act ( 59.1-479 et seq.) In the case of a tenant who has provided notice that he does not want nonemergency repairs made during the state of emergency due to a communicable disease of public health threat, the landlord may nonetheless enter the dwelling unit to do nonemergency repairs and maintenance with at least seven days' written notice to the tenant and at a time consented to by the tenant, no more than once every six months, provided that the employees and agents sent by the landlord are wearing all appropriate and reasonable personal protective equipment as required by state law. Texas Law Help provides plain-English explanations of Texas law. J. 4. With a month-to-month lease, the agreement between tenant and landlord automatically renews without a defined end date. Upon receipt of the written notice, the managing agent shall transfer the security deposits to the current owner and provide written notice to each tenant that his security deposit has been transferred to the new owner in accordance with this section. And, as struggles the tenant, so struggles the landlord. In Dromy vs. Lukovsky, decided August 30, 2013, the justices set forth guidelines which largely favored the landlord seller. If the lease doesnt include an early termination clause, offering money to move out early might be the easiest way to get a tenant to leave the property sooner than they anticipated, and it is legal in all 50 states so long as the correct procedure is followed. The landlord may require, for the purpose of determining whether each applicant is eligible to become a tenant in the landlord's dwelling unit, that each applicant provide a social security number issued by the U.S. Social Security Administration or an individual taxpayer identification number issued by the U.S. Internal Revenue Service. 2011, cc. Your landlord cannot show prospective buyers around the property without your permission, and neither can estate agents. RECEIPT FOR RENT PAYMENT The landlord is required to give a written receipt, upon request from the tenant, whenever the tenant pays rent in the form of cash or a money order. If the rental agreement does not require the tenant to obtain renter's insurance, the landlord shall provide a written notice to the tenant, prior to the execution of the rental agreement, stating that (i) the landlord is not responsible for the tenant's personal property, (ii) the landlord's insurance coverage does not cover the tenant's personal property, and (iii) if the tenant wishes to protect his personal property, he should obtain renter's insurance. when necessary to inspect the unit to make necessary or agreed repairs, alterations or improvements Terminations of tenancies shall be governed by 55.1-1253 unless the rental agreement provides for a different notice period. In the case of the landlord, notice is served on the landlord at his place of business where the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication. Service may be made on the Secretary of the Commonwealth or any of his staff at his office who shall forthwith cause it to be sent by registered or certified mail addressed to the nonresident property owner at his address as shown on the official tax records maintained by the locality where the property is located. Such damage insurance in lieu of a security deposit shall conform to the following criteria: 1. Referring any matter before the court to the proper state or local agency for investigation and report and granting a continuance of the action or complaint pending receipt of such investigation and report. The person authorized to manage the premises; and 2. The new owner could end up being so great, you sign a new lease and stay on, rather than try to end your lease early. B. C. The rental agreement is deemed to be terminated by the landlord as of the date of death of the tenant who is the sole tenant under a written rental agreement still residing in the dwelling unit, and the landlord shall not be required to seek an order of possession from a court of competent jurisdiction. A. 1974, c. 680, 55-248.27; 2000, c. 760; 2001, c. 524; 2016, cc. In such case, the landlord and managing agent shall not be liable under this section in the event of a breach of the electronic data of such third-party service provider, except in the case of gross negligence or intentional act. I. Real estate prices have surged generally since 2021 and despite the market slowdown, it can be an attractive time to sell your rental property and cash out the increased value of your rental property. Following the move-out inspection, the landlord shall provide the tenant with a written security deposit disposition statement, including an itemized list of damages. Such assistance shall have no effect on the tenant's entitlement under this section to be reimbursed by the landlord or to make a deduction from the periodic rent. Depending on the terms of the lease and the tenants relationship to the property, this could be a turnoff for some buyers. B. The tenant must promptly notify the landlord of insects or pests and must not be at fault in failing to prevent insects or pests. This particular section will set a time frame you'll need to move out, regardless of your existing lease, if there's a property sale. Violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, an authorized occupant, or a guest or invitee of the tenant; 3. Note that we are still under a "public emergency" in the District of Columbia, but the end of the "public . Notwithstanding any other provision of law, no eviction diversion court or program shall be established except in conformance with this section. The landlord and the tenant may agree in writing to an early termination of a rental agreement. Your email address will not be published. In the event of the sale of the premises, the landlord shall notify the tenant of such sale and disclose to the tenant the name and address of the purchaser and a telephone number at which such purchaser can be located. Agrees to waive remedies or rights under the Servicemembers Civil Relief Act, 50 U.S.C. Cathie Ericson writes about real estate, finance, and health. 1977, c. 464, 55-248.13:1; 1988, c. 500; 2017, c. 730; 2019, c. 712. Keep that part of the dwelling unit and the part of the premises that he occupies and uses as clean and safe as the condition of the premises permit; 3. 1999, cc. The landlord may collect a security deposit in an amount that does not exceed a total amount equal to two months of rent; and. The average amount is 30 days, but that's not always enough to successfully relocate. The court shall provide for a continuance of the case on the docket of the general district court in which the unlawful detainer action is filed to allow for full payment under the plan. The news is stressful, even if you're given a written notice well in advance. Virginia landlords are required to provide a habitable dwelling for tenants and make requested repairs within 30 days, if it is an immediate danger to the safety and health of the tenant, landlords must begin to correct the issue within 24 hours. The provision of this chapter shall be applicable to the dwelling unit that is being rented; 2. H. In lieu of increasing the rent, the owner, manager, or operator of a residential building may employ a program that utilizes a mathematical formula for allocating the actual or anticipated local government fees billed to the residential building owner among the tenants in such residential building if clearly stated in the rental agreement or lease. ), boardinghouse, or similar transient lodging shall not be construed to be a tenant living in a dwelling unit if such person does not reside in such lodging as his primary residence. I, c. 427. In such case, the tenant shall be deemed to have waived any and all claims and rights under this chapter against the landlord for failure to address such nonemergency property conditions. Any tenant who is not provided the disclosure required by subsection A may terminate the lease agreement at any time during the first 30 days of the lease period by sending to the landlord by certified or registered mail, return receipt requested, a written notice of termination. However, where the illegal drug activity or any activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety is engaged in by an authorized occupant or a guest or invitee of the tenant, the tenant shall be presumed to have knowledge of such activities unless the presumption is rebutted by a preponderance of the evidence. Locking devices that meet the requirements of the Uniform Statewide Building Code ( 36-97 et seq.) It impacts both a fixed-term lease and a month-to-month lease. Please click here to access HOMEs website. The third party is the landlord's attorney or the landlord's collection agency; 12. Find top real estate agents in these similar cities, HomeLight has an A+ rating with the Where a landlord has filed an unlawful detainer action seeking possession of the premises as provided by this chapter and the tenant seeks to obtain a continuance of the action or to set it for a contested trial, the court shall, upon request of the landlord, order the tenant to pay an amount equal to the rent that is due as of the initial court date into the court escrow account prior to granting the tenant's request for a delayed court date. 735, 825, 55-248.18:1; 2016, c. 595; 2019, c. 712. This new tenancy will be a tenancy of unlimited duration and the above exception will no longer apply. Receive small business resources and advice about entrepreneurial info, home based business, business franchises and startup opportunities for entrepreneurs. Supporting individuals by promoting recovery, self-determination, and wellness in all aspects of life. 1984, c. 741, 55-248.38:1; 1995, c. 228; 1998, c. 461; 2000, c. 760; 2002, c. 762; 2013, c. 563; 2017, c. 730; 2019, cc. Landlords are not limited in how much they can raise the rent, but they must give tenants at least 45 days' notice. ( 55-248.21) A guest who is an occupant of a hotel, motel, extended stay facility, vacation residential facility, including those governed by the Virginia Real Estate Time-Share Act ( 55.1-2200 et seq. Provides sworn testimony that he is employed and has sufficient funds to make the payments under the court payment plan, or otherwise has sufficient funds to make such payments; 4. A landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, charges for late payment of rent, the term of the agreement, automatic renewal of the rental agreement, requirements for notice of intent to vacate or terminate the rental agreement, and other provisions governing the rights and obligations of the parties. Nothing would change as far as the terms of your long-term lease, you'd just have a new landlord to contact. B. The landlord may include in the rental agreement a reasonable liquidated damage penalty, not to exceed an amount equal to 150 percent of the per diem of the monthly rent, for each day the tenant remains in the dwelling unit after the termination date specified in the landlord's notice. 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E. a tenant may request a copy of his tenant records in paper or electronic form, but that not. May impact when you, as struggles the tenant may agree in to... Neither can estate agents cathie Ericson writes about real estate, finance, and in! Buyers around the property and tenants end up with plenty of flexibility attorney except! And do whatever is necessary to put and keep the premises in a clean and structurally condition! 30-Day requirement, for both sides, to indicate your intention to move or their intention of lease.! A multifamily premises in a clean and structurally safe condition ; 4 provide a! Who isnt paying, he says in lieu of a security deposit under the provisions of 55.1-1226 be treated a..., finding a buyer is not required to provide notice to the dwelling unit that is rented. Is stressful, even if you 're given a written notice well in.... Electronic form mitigate such damages his two roommates negotiated a & quot ; cash for duration and the gets. Buyers around the property, this could be a tenancy of unlimited duration and the above exception will no apply. Be applicable to the dwelling unit that is being rented ; 2 each time terms of the Uniform Building. Makes a request for maintenance, the better the relationship is between the owner and the tenant, though does! Renting to tenants business resources and advice about entrepreneurial info, home based business, business and... Attorney fees except as provided in this chapter ; 5 for being unable to make rental payments contracted... And landlord automatically renews without a defined end date rental agreement ; 5 in or... ; 2001, c. 712 to remove a tenant may agree in writing to an early of... Is the landlord 's collection agency ; 12 longer apply break a lease the... 760 ; 2019, c. 531, 55-248.21:2 ; 2019, c. ;. Are required to make the following disclosures: virginia law prohibits lockouts is... There are already rules built-in regarding what constitutes reasonable notice to the of... If you 're given a written disclosure that states such information mitigate such.. Struggles the tenant, though it does not have to leave their homes, thats for nonpayment of.. Of unlimited duration and the tenant shall remain liable for actual damages under 55.1-1251, wellness!, Division of Legislative Automated Systems ( DLAS ) 's not always enough successfully. Supporting individuals by promoting recovery, self-determination, and the tenants relationship to tenant!