Explore BrainMass

Virginia Law: Legal Problem

1. What is the legal procedure "the law" that should be taken against males staff or against the corporation itself, in a situation they enter a woman apartment suddenly, without notification,or expected date or time, using their keys to access the apartment. While they can wait or come back later until the woman is ready to open the door for them because she might be taking shower or sleepy or not dressing properly to meet with a man. They enter the apartment for the purpose of receiving orders from the boss to check in all apartments "preventive maintenance" or other, or to complete service request.

2. Is there a law that protect the resident women in the case that the rules and regulations of the leasing office gives the staff instructions that they knock the door once or twice in a few seconds if no one open the manager allows them to access the apartment. But the woman unable to get dress to meet with a man in a few seconds.
This is the case that the woman is renting the apartment in a living community,

3. Is it considered her property during the rental time and she has the right to prevent any one to access her apartment while living by law except in case of emergency?

4. What is the law that protect women in this case? What the woman should do in this case if the law protect her case?

Solution Preview

1. There are a few things going on here, under Virginia state law. The intent of the men entering her apartment is a main consideration. Even though they had keys to the apartment, we have to look at why they entered the premises. In this case, their intent was completely non-malicious even though the woman was given no notice that they'd be entering at this time. Because the men had no criminal intent, this does not fall under criminal law, this falls under civil law. For civil law, we therefore need to reference the state of Virginia's Landlord and Tenant laws. Section 55-248.10:1 deals with the "abuse of access" to the premises.

Specifically stated, "If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the ...

Solution Summary

The solution discusses the a legal problem in the Virginia Law. It includes 2 references.