Legal Question in Landlord & Tenant Law in Virginia

co-habitation turned to landlord/tenant matter

Facts: - 1) living with girlfriend - 2) no landlord tenant relationship. No written lease. no agreement ever to pay paid rent - only food and utilities (behavior that can be established)

Served with eviction notice of unlawful detainer.

I already found a new place no problem leaving, but dollar amount claimed I owe is not true.

Can our co-habitation be turned into an landlord tenant issue?

Should I consent to judgment of possession while still disputing amount owed?

Is there a way to file a counterclaim during the unlawful detainer proceeding for return of monies taken from me under fraudulent circumstances?


Asked on 12/26/07, 4:39 pm

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

Re: co-habitation turned to landlord/tenant matter

You should be able to consent to a judgment of possession while still disputing the amount claimed by the plaintiff as owed by you. You can file an Answer and Grounds of Defense

to the Warrant for Unlawful Detainer and raise any defenses which you believe to be appropriate, including a counterclaim or setoff for monies which you expended(or that were improperly taken from you) during your occupancy of the subject premises and for which you believe that you have not been properly credited against the amount now being claimed by the plaintiff as owed by you.

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Answered on 12/27/07, 10:33 am


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