Legal Question in Real Estate Law in Virginia
Landlord says I have Violated my Lease
I got a Summons saying that my Sept rent is 11 days late. I must pay the rent +$108 or go to court in Oct. But I did my pay my rent. I mailed it on 8/26 along with a required letter stating that I would not be renewing my lease at the end of Oct. My landlord claims they received the letter but not the check. The check is gone from my checkbook, entered into my register, and I recall putting it into the envelope with the letter. I called my Landlord when I got the summons to find out what was going on. I was told that they never got the check (maybe they threw it out with the envelope not realizing it was there). I asked why they hadn't notified me of my failure to pay prior to the summons. At first they said it wasn't their responsibility, then they said they had. I received no notice. The $108 fee is a late fee +court fee. I will gladly pay the rent. I am a working professional whose rent has never been late, but the fees feel like extortion. The lease does mention a late fee, and were I late I would pay it. But I sent the rent on time. I am leaving the country to return to school in 2 weeks and can't go to court. If I pay only the rent and miss the court date what will happen? I'm not missing school for this. This feels wrong.
2 Answers from Attorneys
Re: Landlord says I have Violated my Lease
The judge will likely find in favor of the landlord
and award him a judgment minus any credits for applicable payments which you may have made.
Re: Landlord says I have Violated my Lease
The judge will likely find in favor of the landlord
and award him a judgment minus any credits for applicable payments which you may have made.