Confused about my rights. Do I have any?

[Spiritless]

Live in Virginia. Landlord has me so confused I do not know what to do. First she told me I had to go. Then I could stay and then I had to go. Have been here 1 year and 3 months.

With other tenants it is just an automatic renewal of lease. No new agreement.

There is very limited rentals in this small town. There has been no eviction notice. However, an Unlawful Detainer was sent and court date is July 7. What exactly is that?

I have been a good tenant. Always paid rent on time and keep house in good condition. Can a landlord throw you out of a home just because they want to?

Please help...Do I have any rights? What should I do about the Unlawful Detainer? I do not have money for an attorney.

 

[dj1]

Well did you ever read YOUR LEASE?

Do YOU have an automatic renewal for a year?

If NOT then you are a month to month tenant, and supposedly you were to ge out this month..but you didnt...

So now you have to go to court....

It seems like YOU SCREWED UP.....YOU didnt get a new 1 year lease, if this is SOOOOOO very important to you then YOU have to take responsiblity that YOU screwed up.

 

[Spiritless]

I am not suppose to be out until the end of the month. So I have not screwed up. She took my rent money just last week.

Now she says I can stay until I get things straight. I am trying to qualify for a loan, find a home. I have tried to find another place to rent but there has been none.

Please answer my question on what an Unlawful Detainer is?

You have been rude when I have asked for help. I am a divorced mom who does not want to uproot her child who has been through so much. I have been through a living hell and the last thing I need is someone else being Nasty just because they can.

I have not as you put it Screwed up... This lady does what she feels like at the time. She first told me I could stay. And for some reason is singling me out. Maybe because I am the only one in the neighborhood with a small child.

You do not know all the underlying circumstances and you should refrain from being rude.

 

[dj1]

Well YOU did screw up.....

I will never be nice to any Parent who puts their child in harms way by NOT HAVING A LEASE.

An unlawful detainer is when you stay past the last day you are supposed to...which would be the last day of this month. Since you didnt pay the Junes rent on time...she filed an unlawful detainer,

So if you dont live there,after june 30th, OR if she accepts your FULL rent paymnet for July before the court date( get a reciept).... then on July 7 th when you go to court the judge will dismiss the charges.

[Edited by dj1 on 06-11-2001 at 04:01 PM]

 

[Spiritless]

Would you understand I did pay my rent on time....Always have.

Could you understand going through a divorce, daughter being raped, another in a car accident, being physically and emotionally abused, grandmother near death that sometimes there are other things on ones mind????

Do YOU understand that my lease was up in Febr. and she has let me stay and had told me I could stay and had asked how much longer I wanted and I told her another year.

Do YOU understand that with all other tenants there is just an automatic renewal that is not written in lease?

 

[dj1]

Geez....It still doesnt matter you have no lease.

And the landlord can give you a 30 day notice to move, UNLESS your lease specifically states it WILL automatically renew for 1 Year.

So you have a court date...it is your right as an AMERICAN, maybe you can explain this to a judge

Maybe the judge will give you some time to move.

You pay taxes now is your chance to get something back, by having a court date... So BE THERE!

 

[Spiritless]

You are Pompous and Arrogant... and I feel sorry for you. May God forgive you.....

You must be an attorney.... You don't care about people ...only money

 

[dj1]

Ok let me make it worse.....

What about your family? Dont they have a place for you to crash?....Mine do....3 BR house they have an extra BR and a finished basement

Or what about the Fathers family, cant you hit the grandparents up for some money?.....sorry i aint got no kids...

We all talk about family values...well?

Time to ask your family for help, NOT THE LANDLORD!







[Edited by dj1 on 06-11-2001 at 11:07 PM]

 

[Spiritless]

Yeah...my mother lives about 2 hours away. Her mother is dying and I do not want to burden her. My father has been bitter for a long time now after GE let him go and closed the plant down. And they both have no patience with children. Not the doting grandparents some have.

His father has no patience with him and yells at him constantly.

His other Grandmother is in Florida.

This does not put him in his school district. This uproots him again.

The above message reads,please be considerate,respectful,
and Polite. Remember,there is a human being on the other side of that computer screen.

You have been none of the above. Thank you for naught. Thank you for hurting me even more than I already am.

 

[keren_goldman]

I'm sorry to hear about everything that you are going through and I wish you the best of luck.

As far as your rights....I live in the state of NJ and this is how it works here, so you'll have to find out if the same laws apply in your state.

If you don't have a year lease and the landlord is accepting rent from you then that establishes a month to month tenancy. And its OK to have a month to month tenancy cause all that means is that you can terminate the lease at any time as long as you give 30 day notice. On the landlords part...he can not terminate the lease unless you violate some very strict rules - failing to pay rent....theft....drugs - serious violations like that.

I hope that these same laws exist in your state because they are there to protect against situations like the one you're in. I had a similar situation.


What you should do is find out if there is a tenants organization in your state. You can call them and get advice and find out exactly what the laws are.

This site has many helpful resources on tenant rights - http://www.thelemonclub.com/page7.html

This is page has information for Virginia Tenants
http://www.tenant.net/Other_Areas/Virginia/

I hope this helps.....Best of luck

 

[andiuofmn]

unlike the previous replies...if you have been paying rent on time you did NOT screw up. You DO need to read your lease though.

If your lease states that your lease will go to an automatic month to month lease--you still have a binding lease. Even if it does not, generally if an additional rental increment payment has been accepted, the law determines that a month to month lease was established then. ESPECIALLY in multiple housing units--the landlord still needs reason to evict you or not renew your lease...that could include complaints--but does NOT include your familial status.

It is illegal to discriminate against people who have chiildren unless they live in an attatched unit to the owner's living quarters. (At least it is in Minnesota and most places I have lived.)

You do have rights as long as you have met your obligations. I would find as much documentation as you can find to support your claims...While the burden of proof is upon your landlord, you want to show that you are telling the truth to the best of your ability. If s/he has filed an unlawful detainer...they are attempting to evict you and you HAVE to go to court to stand up for yourself...Your child is depending on you
Good luck buying your home

 

[Cvillecpm]

IGNORE PREVIOUS POSTS...ALL OF THEM

In VA, the eviction/unlawful detainer process is VERY easy for landlords - WHEE!!! On July 7th, judge will ask landord if you are out and when LL says NO, judge will order your IMMEDIATE EVICTION.

If LL is suing for unpaid rent, judge will ask if you owe rent and if you say no, you will have to place any rent due up to and through the next court date - you will have to put past due AND CURRENT rent into court and if it is not paid, judge will order you out. If, on the court date, all rents are paid to court, judge will allow you to stay. If no monies are paid, then judge will order you out. If you pay and stay, you can ONLY use this remedy 1X in any 12 months.

VA rules are very different whether your lease is common law or it falls under VRLTA.

Past Chair, VAR Property Management Council
VA Property Manager

 

[andiuofmn]

I believe that she has already said that the rent has been paid. There is no past due amount--and her current rent HAS been paid. No matter how easy it is for a landlord to evict in Virginia--THEY STILL HAVE TO HAVE GROUNDS!!!!! Renters have rights--even in Virginia. (I won a claim against a Virgina Beach landlord...go to court and see what the judge says--just have your ducks in a row.

 

[Spiritless]

How did you win your case in Va. Beach?

Yes, my rent has been paid and always has been paid on time for the 1 year 3 months I have been here. I have kept good care of the home. How did you win in your case? Did you have a lawyer? I dont have money for one.

Any words of wisdom would be appreciated.

 

[andiuofmn]

Spiritless, I am sorry for the delay...I hope that it is not too late. I had had problems and had called the police several times--I had police reports to back up my claims...it sounds like you have different circumstances...have ALL of your paperwork with you when you go to court...your landlord needs to prove that they have grounds to evict you...The copy of the cancelled checks may cost you a bit of money, but it would be worth it if you can prove any false claims really are false.

if you like, contact the administrator--I don't care if you get my email address from her...let her know that I have posted that SPIRITLESS may email me...I hope things go well...