Fighting for your rights: A tale of two tenants

PORTSMOUTH, Va. (WAVY) — Every tenant has the legal right to fair and safe housing, but that doesn’t mean they always get it. 10 On Your Side spoke with two women who noticed a problem and shared how they fought back.

A Tale of Two Tenants

Cierra Owens — Lee’s Landing

Our first story takes us to Lee’s Landing in Newport News. Cierra Owens has lived there for two years. She’s now on her way out, but as she tells us, not without a fight.

Owens was injured in a car accident last year and lost her job after she maxed out her time off to recover. This past summer she got a new job, but had to wait 30 days before receiving her first paycheck, putting her behind on rent.

“I reached out via email to say, ‘Hey, listen, there’s going to be 30 days where I’m not going to have a paycheck and I was piecing things together with DoorDash,'” she said. Once that happened they never responded so I was like, ‘OK, well, maybe they’re working with me.”

That was in July 2023. Owens said three months later, in October, she was contacted regarding the missed payment.

“Every time I would try to go pay it in the portal, my portal would be turned off, unbeknownst to me,” Owens said, “and they only accept cashiers check at that point.”

Owens works 8 a.m. to 5 p.m. in another city. The rental office at her complex is open from 8 a.m. to 5:30 p.m. Many times, she said, she doesn’t make it home in time to stop by the office and has been forced to either take off work or have a family member drop off payments, which at times, she said, the rental office has been hesitant to take. Then, she told us, the complex started tacking on fees so she took them to court.

“Originally it was a $150 fee that they couldn’t explain to me or the judge which is why the judge dismissed it,” Owens said.

She showed us the court documents from that day, along with receipts showing she was current in rent payments.

The unexplained fees kept coming, so Owens kept a paper trail with all receipts and correspondence from the property manager.

“She tacked on a $75 fee for a Writ of Eviction although they received every payment they were supposed to Jan. 2,” Owens said.

That notice to vacate, she said, was canceled, but another one was put on her door giving her 30 days to leave and stated that her lease would not be renewed unless she paid more in rent. By law, renters in Virginia who have an automatic renewal clause in their lease must be given a 60-day notice of any increase in rent. In Virginia, those with a week-to-week tenancy must be given a seven day notice to vacate. Those paying month-to-month must be given a 30 day notice unless otherwise stated in their lease.

Owens said she told the property manager she was entitled to a 60-day notice due to the rent increase and was given an additional 30 days. She must vacate her apartment by April 13. The alternative, she said, was to sign a new lease which would increase her $924 monthly rent to more than $1,400.

“This has taken a toll on my mental health,” Owens said. “This has been incredibly stressful for an incredibly long time.”

Taylor Bagnick with COVA Collective has this advice for prospective renters in Hampton Roads.

“When it comes to late rental payments, open lines of communication is always going to be the best option,” Bagnick said. “Anything that is agreed upon, you are putting in writing.”

Meanwhile, as Owens looks for a new place to live, she encourages others to speak up.

“You don’t have to just sit back and take it,” Owens said. “What they’re doing is not fair, and if you can prove it’s not fair, speak up. Don’t be silent.”

10 On Your Side reached out to Lee’s Landing for comment. We have not heard back.

Stephanie Vann – Aqua on 25th

From Newport News, we head 50 miles down the road to the Virginia Beach oceanfront with another renter’s experience and what happened when she started asking questions.

“Renter’s rights are universal,” said Stephanie Vann of Virginia Beach.

Vann lives steps from the beach and rents a luxury unit at Aqua on 25th. Vann has a background in construction real estate and upon moving into her home, made several observations.

“Birds flying in and out of dryer vents, nesting in dryer vents,” Vann said. Birds in dryer vents are a major fire hazard. They can block the dryer vent causing major carbon monoxide poisoning.”

She told us she put in multiple maintenance requests.

“Was initially met with a lot of excuses, maybe delays and eventually, just hostility, animosity, threats,” Vann said.

Vann said the delay of action empowered her to contact city code enforcement herself. When the city came out, she was given copies of eight fire code violations and building code violations. Documents from an annual fire inspection were dated Feb. 13, 2024. Vann has a binder full of the reports and hired an attorney regarding the findings.

“And this is directly from the fire marshal,” Vann read aloud. “The third floor fire doors should be repaired so they open and shut. The second floor fire doors will not shut. they should be repaired. That’s half our fire doors. This is one of eight fire code violations and one of 90 pages of false fire alarms. There’s five floors in the building. The trash chutes that don’t work are 5, 4, 3 and 2. 1 doesn’t have one. Fire resistance-rated construction, the opening in the first floor electrical room should be covered.”

The Breeden Company refused an on-camera interview, but gave us a walkthrough of the property.

The Breeden Company denies the violations.

Vann says otherwise.

“The first floor below me, the deck is actually being supported, in excess of six months now, by 2 by 4’s,” Vann said.

10 On Your Side observed the beams. Breeden told us the balconies are sound, but moisture was discovered and engineers are testing solutions to change the structures of the balconies. Breeden is working with the city to correct the issue.

In the meantime, Vann said she was given an eviction notice due to disturbing the peace. The Breeden Company would neither confirm nor deny this claim.

“My intention in all of this was to have a safe home for me and my mother because this is where she wants to live out her days and it’s where we’ve invested in,” Vann said, “and now I don’t have a home because I’ve asked for repairs.”

When looking at apartment homes, Bagnick highly suggests doing your research.

“Make sure you’re looking at their websites, their reviews, that they are a credible company,” Bagnick said. “Google is an amazing resource. A lot of people are going to put the raving reviews or the not-so-raving.”

Vann plans to find another place to live and doesn’t regret fighting back if it keeps future tenants safe.

“It just lit a fire in me,” Vann said.

The Breeden Company’s Official Statement:

For more than 60 years, The Breeden Company has offered and maintained standards of excellence in residential living. To this end, we always work to ensure we are doing our best and offering our best to residents.

Aqua on 25th Street is a resort-inspired luxury apartment community. We have taken all claims made by this resident seriously, as we do with all our residents. Yet through thorough investigations, complete with City of Virginia Beach involvement, Aqua on 25th Street has been found to be in full compliance regarding the health and safety of its tenants.

We whole-heartedly support residents’ rights and take all necessary actions to investigate, and when necessary, rectify, any perceived violations. This situation, however, does not illustrate [any such] violation nor legitimate claims.

Vann’s claim: Birds are nesting in the dryer vents. This is an ongoing problem.

The Breeden Company: Upon recent inspection, no birds were observed as nesting in the dryer vents and no violations were cited. Vents are inspected on a weekly basis, and more often as needed, to ensure proper function and clearing. This is necessary because if a vent is blocked for any length of time, it can quickly result in a larger and more costly issue.

Vann’s claim: The fire marshal found eight code violations including trash chutes not latching and fire doors not functioning properly. Vann showed us the documents dated Feb. 13, 2024 as part of an annual fire inspection.

The Breeden Company: This claim is untrue. The fire marshal did respond and found no violations.

The Breeden Company provided a fire inspection report dated Feb. 9, 2024 regarding a complaint about birds in the dryer vents. None were observed that day and no violation was made. We requested a copy of the annual fire inspection that took place on Feb. 13, 2024.

The Breeden Company: Under the advisement of their lawyers, The Breeden Company has decided not to forward copies of the annual inspection report for Aqua on 25^th Street but assure that this property is up to date on its standard annual inspections and any minor issues found have been addressed and will be re-inspected next week.

Vann’s claim: The first floor balcony is being held up by 2×4’s.

10 On Your Side observed the beams in person.

The Breeden Company: The balconies at Aqua on 25^th are structurally sound. However, there was moisture discovered, and we are in the process of evaluating changes to the structure of the balconies. Our engineers are testing solutions on one balcony rather than all balconies on site, and the wood observed is a part of their testing. They will be removed immediately once testing is completed, and the moisture solution will be implemented once we have permits to perform the work from the City of Virginia Beach. Any balcony work being completed falls within the timeframe allotted.

Vann’s claim: Breeden was given 30 days to correct the violations.

The Breeden Company: No violations have been found by the fire marshal. The City of Virginia Beach has also been involved with the balcony issue and is aware of our progress in implementing a solution. Upon inspection, the City agreed that we should correct the issue and is working with us regarding the timing and permits.

Vann’s claim: She was given an eviction notice for disturbing the peace.

The Breeden Company: As a result of multiple complaints made from other residents about the tenant in question, the tenant in question was provided a notice to correct the issues within 21 days.