Legal Question in Landlord & Tenant Law in Virginia

I gave 30 day notice, they claim it isn't good enuf

My lease only states to give a written 30 day notice when your lease is ending. Well June 2006 I took in a questionair for my apartment complex to fill out for my new place I was moving to. I considered this good enuf notice. After getting my last rents bill there was nothing asking if I was renewing or would consider renewing so I once again assumed that they knew that questionair was my 30 day notice. 4 months later they write me a letter stating that they are taking me to court over 30 days rent for me not giving notice and are keeping my deposit due to a stain in the carpet ($850 for a stain?). So I call and talk to them and they said ''we don't have a notice in your file, so you didn't give us one'' so I then fax them a copy of the questionair they filled out and signed and they said ''ok we will consider this your notice but you still owe us for 30 days''. I know that they are having big problems filling their apartments with tenants and know thats the only reason they are coming after me for money. Why would they now consider this questionair a notice but not when they filled it out? It's not my fault they didn't keep a copy of it in my files. Do I stand a chance in beating them in court? Or is it better to pay $850?


Asked on 11/27/07, 6:42 pm

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

Re: I gave 30 day notice, they claim it isn't good enuf

Yes, you stand a chance of prevailing over this predator landlord in court and you should avail yourself of the opportunity to do so by contesting their claim for $850.(Make sure that all of your relevant paperwork is in order and fit to present to the judge

in support of your defense---which is that you gave adequate notice of termination and that that crummy little stain could in no way cost $850 to repair.)

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Answered on 11/27/07, 7:36 pm


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