Legal Question in Civil Rights Law in Virginia

In 2010 my son and I moved from Ohio to Virginia and leased an apartment, during the time of the lease my son moved out as time went on my lease came up for renal and I nor my son signed a new lease with this complex! I assumed since they never ask me to resign a new lease I was on a month to month! As time went on I got behind one month rent and choose to move in with a friend to save cost! Didn't hear anything from this company until about a year ago when they froze my sons bank account and took 1500$! Nothing else was sent to him or I over this past year until yesterday in the mail my son received a warrant in debt from the court in Virginia beach,Virginia in the amount of 2,327.16$. It says balance due per apartment lease after move out! I only owed 1,000$ and they took that out of my sons bank account months ago. It says we have to appear may 18th in Virginia court at 8:30 am! I am disabled and can not make this to fight this nor my son! What can we do to fight this they are tryi g to get more money when I was not under any lease agreement with them nor did the manager of the property ever tell me otherwise! Please advise thank you Reta Morrison. We are both back living in Ohio! Can this business do this? It is Berkshire Apartments 0/0 Results unlimited! Why did they wait another year to sue us again with no mail,phone calls or emails! And if this is true, why didn't they offer a payment plan? I live off social security and trust me it isn't a lot of money, since my sdkn no longer had lived their for months signed nothing and they. Had froze his bank account once got 1500$ and now this! Thank you for your time! I need some help and advice!

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Asked on 4/15/17, 6:27 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

I see where you've made no reference in your inquiry to the original lease which apparently

you as well as your son signed back in 2010 and what its terms may have reflected as to

your obligations concerning the lease termination, notice requirements, renewal, etc., which

would seem to have a significant bearing on any answer that an attorney might be able

to provide in response to your questions.

Quite often when folks just move away from a rental complex without contacting the management

concerning the issues which I've mentioned above as well as any outstanding balances

related to the rental that may be due (at least from the perspective of the landlord), the kinds of

problems which you've described can show up in the future involving court claims such as your former landlord has apparently filed against you and your son.

However, if both you as well as your son are now domiciled in Ohio, the simplest approach may simply be

for the two of you to ignore this litigation from Virginia as there may be procedural problems with service of

process on the two of you as out of state defendants or other defects in the filing which may ultimately

make the landlord's case unenforceable against you and your son as residents of Ohio..

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Answered on 4/15/17, 12:24 pm


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