Legal Question in Landlord & Tenant Law in Virginia

Re: Fraud committed/being sued by our landlord for non payment

If the Warrant in Debt says you did not pay for

September, then (regardless of what the landlord

intended) you are actually being sued for

September rent, not July. If they made a mistake

in filling out the Warrant in Debt, they are

stuck with that mistake.

However, I suspect that this is not what the

WID says. It may say that in addition to the

amount claimed, they are also suing for

subsequent months as well, such as September.

So read it very carefully.

But if they are suing only for September, then

they must prove that you did not pay for

September. If they cannot, they lose.

As to proof, the only thing that really matters

here is that you PRESENTED payment to them.

If you can convince the court that you

delivered the money order to their custody,

it does not matter for you what happened after

that. YOU PAID if you delivered the money order

into their custody. It was their duty to properly

handle the money order after that point.

Make sure you can prove that you paid for all

months AFTER July as well.

Unfortunately, an affidavit is not admissible

evidence without the live witness in court.

You can subpoeana witnesses.

However, I don't think that you need the

postal officer.

What matters is that you delivered the money

order. It is NOT your problem if it was stolen

from the landlord.

The forged money order if you can get a copy

is evidence to help you, but you are not

responsible for the landlord failing to maintain

custody of the money order.