Legal Question in Landlord & Tenant Law in Virginia

sued fro no reason

hi I rented a duplex from person a, and signed a year lease at $500 a month. after 3 months person a sold the house to person b person b said that my old lease did not mean anything and was not valid any more. I said that I don't have to full fill my year then, and can move out. he wanted to know what I planned to do either move out or stay. I told him that I would not sign a new lease with him, and needed a month or so to find a new place.i found a new place right away, and moved out. i also let him know. so 1 month went by and I received a certified letter summoning my to court by person b for $5000. for early termination of lease, and abandonment of property. right after I moved out he rented it to someone else(they are still living there). .

I want to know in legal terms what I can file in the counter suit stating that I am counter suing him for if my motive is only the time, bullshit, and that I feel that justice will only be served if he pays for his actions. I want to counter sue fro $1000.

please e-mail me back.

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Asked on 3/03/04, 11:15 am

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

Re: sued fro no reason

You should've submitted your inquiry to the BBS before you decided to move out as the short answer to your first question is that your new landlord took title to the property subject to the terms of your old lease and you were in no way obligated to sign a new lease or agree to any modification of the old one and you were absolutely entitled to remain in your rental unit until the old lease had expired---as long as you had stayed in full compliance with its terms.

Rather than a countersuit, I believe you would be better advised to now be thinking about mounting a credible defense to the lawsuit which you've now been served with, which might include various arguments involving fraud, duress, and the misrepresentation of matters which the landlord was (and should've been) in a better position than you to know about. It is a near certainty that he was most assuredly advised of the legal status of all the leases (including yours) extant at the time he purchased the property.

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Answered on 3/03/04, 7:01 pm


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