Legal Question in Landlord & Tenant Law in Virginia
Eviction notice - even when rent is current.
Hello, we are paid up on the rent of the house we are in through 30 APR 04. We made a partial payment ($540) out of the $1540 owed ($1400 normal rent plus $140 for late fee). Landlord has sent us notice that they will ask courts to evict us already this month (May). I tried to make arrangements to pay $500 a week to pay May AND June rent, they denied it! We have issues since the walk through of the property in MARCH 04 that have not been fixed yet by landlord (a realtor property management office in Virginia). Why can they hassle us for rent that is not even 30 days late (I will pay $1000 today - 28 May 04 by the way) and yet they can not fix stuff for over 2 months, one is a potential safety hazzard that could harm our 10 year old son? Landlord sent us a notice in mail, had right name but WRONG address and amount owed on the form, is this a legal document? I realize it is sloppy work on the Agent who signed it and this Agent is the one who hassles us! We are good folks, we even made improvements to the residence at our own expense and keep it clean and lawn is cut and so on. PLEASE help, we feel that not even mortgage companies would foreclose on a house that is only behind per say current month payment.
1 Answer from Attorneys
Re: Eviction notice - even when rent is current.
Yes, I'm afraid that "they" do have the legal authority to start eviction proceedings against a tenant like yourself who is not yet a full 30 days behind in your rent.
You should keep in mind, however, that in foreclosure proceedings, the occupier of the property is usually also the owner of record whom the law affords additional protections. Tenants, however, who occupy property under a lease agreement obviously do not have the legal status as owners and, accordingly, are not afforded as generous protections as are owners in the legal scheme of things, so to speak.
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