Legal Question in Real Estate Law in Virginia

Re: roommate doesn't paid rent

Other than suing in small claims court to recover that share of the rent which your girlfriend has already paid in behalf of this roommate, I would say, no, there is not.

Re: roommate doesn't paid rent

She can certainly take legal action against her roommate for the rent, and should do so ASAP (before the roommate moves out, disappears, etc.) Since attorneys do not go into small claims court, I don't remember the maximum amount allowed, but I think $3000 is more than you can bring in small claims court. She will want to go to the clerk of the GENERAL DISTRICT COURT in your county (Henrico, or Richmond County, or perhaps RICHMOND CITY G.D.C. depending on where you live) and get a copy of the WARRANT IN DEBT form and that you must fill out.

Note 1: If you ask the clerk what to do or how to do it, they will REFUSE to answer, saying it is legal advice. On the other hand, if you ask them "How do I fill out this form, or Where do I write the information?" they will probably tell you everything you need to know.

Note 2: You will have some trouble because the amount will keep increasing every month. You should probably pick a court date to write on the WID form (ask the clerk for available dates) and then calculate the total amount due at THAT point in time, in the future.

Trouble is if the roommate does not have the money, you will get an order to pay, but no money until she gets some money.

Unfortunately, both roommates are equally responsible for the rent. It is a little strange that your girlfriend did not know all this time that the rent was not being paid. That is very odd. It is also strange that the landlord did not say anything before this time. I would confirm the amount due with the landlord, as that sounds strange. Make sure that the landlord has not made a bookkeeping mistake, as it is a little hard to believe he would wait 5 months getting paid only half rent. That just does not ring true.

Although it certainly seems unfair, the only way to stop the eviction and the report on the credit report is to get the total paid.

One thing she can do to buy time in terms of an actual court judgemnt on her record and credit report is to ask the judge for more time to file a Third-party complaint against the non-paying roommate. This would result in LOSING the apartment (if not paid), but might DELAY the entry of an actual court judgment for the money against your girlfriend, and buy you a month or two to get the roommate to pay. NO debt can be reported if it has already been PAID by that time.