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View Full Version : Verbal Rental Agreement and Evictions in Virginia


rogmr4
Dec 11, 2011, 01:15 PM
Part of my spouses salary was a house and utilities. He was fired 11/14/2011 and the man said we would need to start paying rent and utilities. (He held my spouses last pay saying no money to pay him 500.00 due) We had a verbal agreement for December which was come up with as much as you can and then January it would be 665.00 rent plus utilities. I printed out a month to month contract to sign with him on December 1st stating the verbal agreement. We attempted to make a payment, he actually assaulted my spouse in front of me and our 3 year old, assault charges were filed. He then sent a letter on 12/8 stating we had 10 days to vacate due to non payment of rent and it also said if we did not vacate the sheriff's office would be called immediately to evict us. I did call and talk to the Sgt. And he said the guy would have to evict us that the police could not set us out without a court order (come to find out he doesn't own the house, someone else does)I do not believe we fall under the VRLTA, however, inst the eviction process the same? He must go to court after the 10 days are up and file papers and we then go to court. If that is not correct can someone point me in the right direction? We did call legal aid and were told he would still have to go to court that Self help eviction is no longer allowed in VA. Also I am disabled, we have a 3 yr old and he did not keep up with the original agreement with utilities as he did not fill up the oil tank for heat when it got cold, said he could not afford it. Any suggestions?

joypulv
Dec 11, 2011, 01:24 PM
He has to evict you as he would any tenant.
Where is the owner in all this?
Do you have any idea why this manager is suddenly unable to pay $500 in back pay, had to fire your husband, and couldn't fill the oil tank? I would file in small claims for the 500. Ordinarily I would suggest that you put rent into a lawyer's escrow account, and it isn't clear that you have an agreement, and he owes you money too.

rogmr4
Dec 11, 2011, 01:35 PM
The owner of the property know we are living here but I do not know if he is aware of what is going on. The 500.00 he said there is just no money in the company, however he still employess 10 people, the only reason giving for being fired was there is no money in the company and no money to fill the oil tank. I did forget to say that him and my spouse signed an employment agreement that stated the conditions but I never saw that due to the fact he refused to give my husband a copy of the agreement, I even asked for it and he always had an excuse (oh the secretary has that and won't be back until such and such day)

Fr_Chuck
Dec 11, 2011, 02:27 PM
File a law suit in small claims court for any money they owe you.

If they attempt to evict, show that as proof they actually owe you money,

Call the owner and talk to the owner, it could be his manager is stealing money from them.

ScottGem
Dec 11, 2011, 03:06 PM
I agree you counter sue for the $500 you are owed. He cannot evict you without a court order so that means a hearing. If a hearing is scheduled subpeona the owner of the property to appear. Or get him involved now!

If they are not providing heat, report it to the housing department. Or let the owner know. If the manager is not managing properly, it's the owner who will pay the fines, so he needs to know about what is going on.