Legal Question in Landlord & Tenant Law in Virginia

breach of lease/rental property

i lost my job and eventually my apartment. now i have to go to court to pay the remaining balance plus a host of other fees. can i be sentenced to jail for not having the total amount at the time of trial?


Asked on 12/22/08, 7:40 am

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: breach of lease/rental property

No, but if you failed to comply with the terms of your probation(including the payment of any fees and costs imposed at the time of sentencing)without good reason, it's possible that any suspended jail time could later be imposed, but I doubt that any such imposition would occur under the facts which you've described.

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Answered on 12/22/08, 10:12 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: breach of lease/rental property

As the suit is civil in nature the probably the court will not send you in jail. But if the other side filed a criminal suit regarding breach of trust then the court may send jail if the amount is due.

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Answered on 12/22/08, 11:16 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: breach of lease/rental property

I need to amend my previous answer as I previously misunderstood the import of your question which I had taken to involve a criminal matter.

The answer is, no, most definitely, you will not be put in jail for failing to pay the balance owed under your lease under the circumstances which you've described. At most, the court will enter a civil judgment against you for the amounts claimed by the landlord and it will be up to him or her(your judgment creditor) to figure out how to collect it.

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Answered on 12/22/08, 2:26 pm


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