Legal Question in Landlord & Tenant Law in Virginia
My landlord is taking me to court claiming outstanding rent. I have never been late paying my rent and have the documents to prove it. The dispute was over a water bill. Water bills were paid directly to the water company. In November the landlord changed the policy and said that water bills should be paid directly to them. I started doing so. However, they claimed that there were previous water bills that they show as unpaid. I produced records showing that those bills were paid to the water company. However, the landlord said they were paid late to the water company therefore I own the landlord a late fee. I ask them to send me a summary bill for what they show as late and I will check my records to see when they were paid. I usually pay with money order so I would have to check the stubs. Instead of a summary, I received a court summons. I went directly to the landlord office to settle the matter and met with one of the leasing agents. He gave me the total that he showed as outstanding. Though I still dispute the charge I paid it to resolve the matter and move on. However, the landlord still refuse to drop the matter and I had to appear in court to deny their claim. I met with the landlord before going into the court room. He said he sent a summary bill to me but "it must have gotten lost that's why I never received it." I told him I met with his leasing agent and showed him the signed receipt from his leasing agent that everything was paid including the disputed charge. He said "okay, just go in and tell the judge that you deny the charges and we'll drop the matter." I did. However, the judge set a court date and two days ago I received a bill of particulars from the landlord's attorney. The bill of particulars does not make sense. It does not address the water bill at all. It claims that rent was late which is not and has never been true. In answering the bill of particulars should I address just the rent issue since that's what the landlord brought up or should I address both the rent issue and the water bill because the dispute was over the water bill not rent. I feel like I'm being harassed by the landlord to sign a new lease. My old lease expires at the end of the month and I want to remain a month to month tenant until March when will move into my house. I've looked for an attorney but all the landlord tenate attorneys in this area only represent landlords. Please advise as soon as you can. Thank you.
1 Answer from Attorneys
The BOP should address both issues (water bill and rent) as well as anything
that the landlord and/or his counsel might attempt to raise in the interim (in my opinion).
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