streetmedicine
Junior Member
What is the name of your state? Virginia
I'm having a couple of legal issues with my landlord. I'll try to make a long story short, but one issues plays into the other.
In April 2007, My roommate and I were late with rent. After the landlord filed a summons for unlawful detainer, the rent was paid, and we were told that the issue was done and the case dismissed. The landlord continued with the action for $99.33 in "administrative fees"; we were not present as we thought the case was dismissed, and a judgment was entered for possession. We worked through it with the landlord, paid the $99 and the matter was dropped.
This month, we received a "Pay or Quit" notice from the landlord for $493 in previously un-assessed "Administrative and late fees", some of which dated back to 2005. The landlord's explanation was that there were accounting errors made, and the fees should have been assessed previously, but were not. They "caught" these "accounting errors" and sent these notices to more than 100 tenants. We went around and around with the landlord, and told them we disputed the charges. A Summons for Unlawful Detainer was filed, and a court date set for February 7th.
The same day I told the landlord that we would be disputing the charges in court, he went to the clerk of the GD court and obtained a Writ of Possession based on the April 2007 order. It was served on us today, with an eviction date of February 6th - the day before our hearing on the other matter, and giving us less than 3 business days to find another place to live.
Now, the way I understand the Virginia Residential Landlord and Tenant Act is that if the landlord wants to take possession of the property, he must notify the tenant that he is accepting the rent payments "with reservation" within 5 days of accepting payment. We received no such notice, and have been happily paying rent for the past 9 months without issue.
Now, my question is this - How do I file for some sort of injunction to prevent us from being evicted until our case is heard? I'm pretty unfamiliar with civil procedure, and as a city medic, I don't make enough to pay for a lawyer.
Any help would be greatly appreciated!What is the name of your state?
I'm having a couple of legal issues with my landlord. I'll try to make a long story short, but one issues plays into the other.
In April 2007, My roommate and I were late with rent. After the landlord filed a summons for unlawful detainer, the rent was paid, and we were told that the issue was done and the case dismissed. The landlord continued with the action for $99.33 in "administrative fees"; we were not present as we thought the case was dismissed, and a judgment was entered for possession. We worked through it with the landlord, paid the $99 and the matter was dropped.
This month, we received a "Pay or Quit" notice from the landlord for $493 in previously un-assessed "Administrative and late fees", some of which dated back to 2005. The landlord's explanation was that there were accounting errors made, and the fees should have been assessed previously, but were not. They "caught" these "accounting errors" and sent these notices to more than 100 tenants. We went around and around with the landlord, and told them we disputed the charges. A Summons for Unlawful Detainer was filed, and a court date set for February 7th.
The same day I told the landlord that we would be disputing the charges in court, he went to the clerk of the GD court and obtained a Writ of Possession based on the April 2007 order. It was served on us today, with an eviction date of February 6th - the day before our hearing on the other matter, and giving us less than 3 business days to find another place to live.
Now, the way I understand the Virginia Residential Landlord and Tenant Act is that if the landlord wants to take possession of the property, he must notify the tenant that he is accepting the rent payments "with reservation" within 5 days of accepting payment. We received no such notice, and have been happily paying rent for the past 9 months without issue.
Now, my question is this - How do I file for some sort of injunction to prevent us from being evicted until our case is heard? I'm pretty unfamiliar with civil procedure, and as a city medic, I don't make enough to pay for a lawyer.
Any help would be greatly appreciated!What is the name of your state?