Legal Question in Landlord & Tenant Law in Virginia
Unpaid rent
A real estate agent rented my condo, in Northern Virginia, and signed a 12 month lease but she moved out after three months to go to Texas. She orally gave me a 3 week notice. The lease specifies a 30-day written notice. I sent her a letter stating that, according to the lease, she's required to pay rent until (1) I have a new tenant or (2) the lease expires. She didn't respond to the letter. She hasn't paid rent for the third month and is ignoring my phone calls. I wanted to give her account to a collection agency but found out that she has deliberately omitted her SSN and BOD on the application. I only have her full name, maiden name, contact info of her elderly mother, and contact info of her current broker, who has confirmed with me that she's transferring to Texas. What legal actions can I take against her? What kind of complaint can I file with the local board of realtors association (NVAR) about her? Violation of ethics?
2 Answers from Attorneys
Re: Unpaid rent
If you can get an address for this absconder where she can be served with papers before she flees to Texas, you could file an action in the general district court for the balance that's owed on the lease and very likely obtain a default judgment against your defaulting former tenant. A lien could then be recorded which would be good for 10 years and renewable for another ten.
At some point if this person returns to Virginia, the judgment which you obtained might possibly be enforceable against her.
Re: Unpaid rent
If, there is a basis to claim that she used her license to take advantage of you, there may be a claim to the real estate commission.
That may awaken her to licensure consequences.
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