Legal Question in Real Estate Law in Virginia

I was briefly a landlord(in VA) it's the only home I own, My tenant moved out without notice, found out from real estate agent who was working with the tenants agent in putting together a new contract(I have emails from the real estate agent) She still owes us rent, there was damage done to the house which goes over the security deposit, they breeceg 13 different points on the lease. She got a lawyer to get back the full deposit plus interest,even though she still ows rent! We had a court date to set the trial, neither the lawyer nor the tenant showed up and there was no explanation to the court. I recently recieved a letter from the lawyer apologizing and he has refiled the case. Does he get away scott free? I am sure I would have been in trouble if I hadn't shown up. Also, I don't think her lawyer knows she still owes rent, I am I obligated to tell him( or remind her?) or do I sit on that info and use it in my favor? I had spoken to a lawyer before the court date, he said I need reciepts of all the work to make sure I win. Is this true? If so I need to get the rest of the work done ASAP.

Asked on 12/02/11, 12:25 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

Yes, the lawyer is correct in saying that you'll need receipts to back

up your claims for damages.

And, yes, of course, you should inform this tenant's lawyer regarding

any rents that remain unpaid and for which you should counterclaim.

Furthermore, when you last appeared for trial, you would have been

well advised (after it became apparent that neither the tenant nor her counsel

were going to appear) to have asked the court to dismiss her

case with prejudice.

Perhaps, it's time for you to consult again with an attorney who

can further advise you on these matters.

Answered on 12/02/11, 12:59 pm

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