Legal Question in Real Estate Law in Virginia

rental lease

Last year I was renting an apartment and I was on a month to month lease with the land-lord, and I was having trouble paying rent which was 650.00 a month and got behind on rent. I spoke with the property manager and she stated that I could move out before the end of the month or either we could set-up a payment plan to pay my rent bi-weekly. I decided to move out of the apartment before renewing my lease and I received a collection notice in the mail for 2700.00. I spoke with the collection company and they stated that because I did not have it in writing they automatically renewed my lease and charged me for 4 mths rent. Now, they are about to garnish my wages. Is this legal for them to automatically renew a lease without me signing it, and then charge me for 4 mths rent.


Asked on 5/07/07, 4:43 pm

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

Re: rental lease

No, the collection outfit is blowin' smoke at you, and, apparently, quite successfully. Your wages cannot be garnished until the creditor or his agent/assignee has obtained a valid judgment against you for the unpaid amounts of rent which you may legitimately owe. If you did not authorize renewal of your lease, any amounts being charged to you under this unauthorized alleged renewal should be contested before and after the matter reaches the court, if it ever gets that far.

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Answered on 5/07/07, 8:48 pm


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