landlord sueing, time line?

[thebee]

I live in Virginia, and was wondering how long a person has to sue over landlord/tennant issues? We recieved a letter in September from out ex landlord demanding money or else, I have ignored it, but wonder how long he has to go through with his scare tactics? I have a check, made out to him, that I would love to have for myself, but am waiting for him to do the court thing, anybody know?

 

[happy&lucky]

demanding money for what?

can you prove the landlord is lying?

can the landlord prove he is telling the truth?

 

[thebee]

well to answer your question, yes the landlord is lying about some of it, I owe him 900, but he wants 2400, when I saw an attorney, he told me not to give it another thought, and that if the landlord pursued it to call him, well i haven't heard from the landlord after that, but I have the money I owe him, but am waiting for the court day, because he wants so much more and would not take that amount, the thing is I sure could use the money,, see??

 

[happy&lucky]

Ok how do you owe him $900? and why does he think you owe him$2400?

 

[thebee]

we moved out in may we owed on our lease untill july, our rent was 420, we had a 420 deposit, we are willing to pay up the lease, thats what we HAD agreed on, but then he went in the apartment may 1st, and had the carpets replaced, light receptecles, all light switch covers, plaster jobs, new windows, ect, ect, well, i took pic's of the place before I moved, it was in beautiful shape, sparkling clean, well on his demand notice he says we moved on the 28th of july, and he dated our damage letter august 30, when he has work orders that he mailed to me, with dates from may, regardless, I had no damages and can prove it, but I am tired of waiting for him to make his move!

 

[Cvillecpm]

In VA, landlord will sue you in Small Claims and have suit served by sheriff. Court case will be within 2/3 weeks. If you get served, be sure to show up at each and every hearing date - there could be 2 - one for you to say you don't owe money and the second for the actual trial. At first, you want to ask judge for the landlord to provide you with a "bill of particulars" which is an itemization of what he is demanding for money. You may have to reply to the landlord and court why you don't owe the money. Get documents and subepona witnesses - don't rely on them just showing up - and be sure to dress nice for court. Be professional and short with answers. VA courts are NOT like Judge Judy - so you might want to go to an actual hearing first to see what to expect.

Good luck.

 

[happy&lucky]

Since the landlord effectively terminated the lease as of May 1st, by rennovating instead of mitigating damages by re renting. You should be free and clear of all the "damages" and owe zero!

If fact you should try and get all of your $420 deposit back based on the "bad faith" claims of the landlord. That should be in your reply to the court.

 

[DECEMBERSGIRL]

i would not be too worried about this one post prior to this one is totally correct. keep all imformation documents and photos ready or you could not wait until he files but go ahead and file for the money you believe he owes you this way he will coounter sue you and you should have a better chance of winning again you should find out what the laws are in your area and find out if there are time limitations which there are in some states. if not i would file a case against him.