Legal Question in Landlord & Tenant Law in Virginia

Re: Is this Harrassment?

Generally speaking, yes, they can do this, but in

your case NO, they cannot.

I assume that your apartment is covered by the

Virginia Landlord Tenant Act. (Landlord rents

10 or more properties in Virginia.)

The acceptance of rent for a residence "cures"

any past default. By accepting rent, the landlord

has waived any objection to your past lateness

of payment (although probably not late fees, etc.)

Therefore, once the landlord accepted your

September rent on time, any legal claim ended at

that point, and the landlord had no further legal

right to bring a legal claim.

Furthermore, the landlord definitely cannot

file "pre-emptive" eviction lawsuits just in

case you might not pay. That is clearly a

frivolous legal filing and not allowed.

In both of these cases, September and future,

the landlord must give you a "5 day pay or quit"

notice giving you 5 days in which to pay or

else vacate. Since you already paid for September

on time, the landlord could not file a non-

frivolous lawsuit, because he could not have

given you a valid "5 day pay or quit notice" that

the rent was unpaid and overdue, as is required

before filing such a lawsuit.

If you have a court date, ask the judge to award

you "sanctions" under 8.01-271.1. Usually this

consists of attorney's fees, but in your case

ask the judge to award you a lump sum for your

time off from work, etc.