Legal Question in Landlord & Tenant Law in Virginia
verbal notice, Harassment
My landlord lives in another state and called me last night leaving an obscene voicemail stating that the rent for May has not been paid. (it is the end of June) The obsceneties included that if the May rent (which was paid) was not received by today (it is sunday) He would drive down from his state to throw my things out while calling me several derogotory names. In addition, this is the first time he and I have communicated at all. there is no written lease but I pay per month and there is a roommate. He called my roommate to harass? him as well and threatened bodily injury to us through my roommates conversation. Is this harassment? Does the landlord need to serve written notice and take me to court?
1 Answer from Attorneys
Re: verbal notice, Harassment
Under Virginia law, a landlord must follow the procedures prescribed by law to evict a tenant, even one who has only a month to month oral lease.
The landlord is not allowed to use "self help" by going personally to the rental unit and throwing the tenant's property out. Any landlord who did so could be liable to the tenant for substantial damages.
Also, under Virginia law, it is illegal to threaten
another person with death or serious bodily injury either to the person or members of his or her immediate family.