A property management company and a landlord are facing serious allegations of deceptive practices in Virginia. On February 13, 2026, Natasha Ogunnupe filed a class action complaint in the United States District Court for the Eastern District of Virginia against Bozzuto Management Company and Pentagon Residential I, LLC, doing business as The Witmer. The lawsuit accuses these defendants of imposing illegal fees on tenants, violating both state consumer protection laws and residential landlord-tenant regulations.
According to the complaint, Bozzuto Management Company and The Witmer have been charging tenants various “junk fees” that are either misleading or outright prohibited by Virginia law. These include a $25 monthly HVAC fee, a $15 monthly trash fee, a $500 per lease common area fee, and a $6.50 monthly utility administration fee. Ogunnupe claims these fees are disguised as necessary charges for services already guaranteed under the Virginia Residential Landlord Tenant Act (VRLTA). She argues that these charges are not only unnecessary but also serve as profit generators for the defendants.
The lawsuit highlights how these fees exacerbate financial burdens on low- and middle-income tenants in Virginia. Ogunnupe points out that many Virginians are already struggling with rent affordability issues, as federal data shows that four out of ten renters in the state cannot realistically afford their rent. By adding these disputed fees, Bozzuto and The Witmer allegedly increase financial pressure on tenants who are already vulnerable.
Ogunnupe’s legal team argues that the defendants’ actions constitute violations of both the Virginia Consumer Protection Act (VCPA) and VRLTA. They claim that Bozzuto’s lease agreements misrepresent tenants’ rights to safe and habitable living conditions by implying that such conditions require additional payments beyond standard rent. Furthermore, they allege that the utility administration fee is inflated beyond actual costs incurred by third-party providers.
In seeking relief from the court, Ogunnupe demands actual, statutory, and punitive damages for herself and other affected tenants. She also seeks injunctive relief to stop the ongoing collection of these disputed fees. Additionally, she requests coverage for attorneys’ fees and costs associated with prosecuting this case.
Representing Ogunnupe in this case is Kristi C. Kelly along with Andrew J. Guzzo, Casey S. Nash, J. Patrick McNichol, and Matthew G. Rosendahl from Kelly Guzzo PLC law firm based in Fairfax, VA. The case has been assigned Civil Action No. 1:26-cv-417 at the United States District Court for the Eastern District of Virginia.
Source: 126cv00417_Ogunnupe_v_Bozzuto_Management_Company_Complaint_Eastern_District_Virginia.pdf
