Hello everyone :)

In December 2013 I moved into a house in Alexandria va with my daughter (10) , my friend of 15 years and a friend of hers. I was the first to move in. I'm not on the lease but her friend and I went to our bank and got a notarized statement saying that I live there since I needed that for my daughters school.
The lease however (signed by both of them) states no additional persons and no pets. There are 2 dogs and 1 cat. We split rent 3 ways since my daughter has a very small room , but I agreed to pay half of the utilities.

After living there for about 1.5 month I asked about the utilities (I mean... there had to be bills... right?) Which are all in her friends name. I got a text saying not to worry about Dec. and Jan. and that my share for Feb. would be $244. After questioning the high amount I was told it included partial amounts from deposits for the utilities. After that I paid a average of $230 each month (March and April). I paid cash, no receipt. I know that was stupid on my part but my friend had assured me that the guy (a former marine) was trustworthy and I didn't question the amount. It was a cold winter in Va. and I figured the heating costs were high. At the end of May I got a text saying the bills are $290 and that would be for April and May. I responded that I had already paid for April and how come that it's $290 for 2 month when I had been paying a average of $230 for 1 month in the past? I didn't get a response that day or the next even though I send him several messages. I finally told him that I would have to see all the bills to see what's going on.

His response was that he couldn't see the bills past the last months, which I knew was crap, I paid bills before and know better. 10 days later I still didn't have any of the requested bills and the cable, internet and phone were turned off for non payment. Still not responding to my request I send a message saying that I wouldn't pay any utilities until I see bills nor give him any rent money since I did not know if they were current and that I could not risk staying in a place with the utilities cut off. I have a child to think about. That worked and two days later (in addition to a spreadsheet he made on his computer) he gave me copies of the bills which showed discontinuance notices and a very irregular payment history and they all had been paid up after I asked for the bills. He also admitted to overcharging me accidentally on March bills by $90. I told him I would look over the bills to see what I currently owe. Using his spreadsheet and the money I gave him I found that he also overcharged me in April (which he claimed he didn't receive) by $87
So I deducted that from May's bills and technically he would owe me $24 and I demanded that from now on the bills would be posted in the common area. The same evening I was called in the living room where he and a woman (supposedly his sister) sat and SHE told me that he wanted me out and that I would be served by the sheriff with a 30 day notice in the next few days, possibly as early as tomorrow.

I have been paying rent (and bills) on time except the month of May and have just been disputing the amount. I would like to know my options and how to proceed. I'm not sure if I would find a place to live and I have to think about my daughter.

Please help
Thank you in advance

You have no options, I'm sorry to have to inform you. Since you are not on the lease, they are your landlords. You have what is called a periodic or month to month rental. They can give you a written notice to vacate within 30 days. If you fail to meet the deadline, then they can file for an eviction order (in VA its called an unlawful detainer). This involves a court hearing at which an order will be issued. If you still don't vacate a sheriff can be hired to physically remove you. You do not want to try to find housing with an eviction on your record.

You can try to fight the eviction in court on the basis that you are being retaliated against for insisting on documentation to verify what you owe, but that's may not fly. And like I said you don't want an eviction on your record. So you need to start looking for a new place now.

I agree with ScottGem. Start looking for another place....you know whats coming. There are many people I know personally, who sublet rooms to others and split the costs including the utilities among the people subletting... basically paying all of their own bills. Its let them buy a house they otherwise could not afford. I've done it in the past as well.

THey do have to evict you following the law of the state... in Virginia its as Scott said.. 30 days notice since you don't have a written lease still in efect.

Hate to tell you but I would have sent any previous roommates I have sublet a room to packing just for being combative and argumentative. And I have on one occaison. And yes I've had a number of roommates from when I graduated until when I got married and didn't want to deal with it any more.

Hello :)
Thanks for the answer.
Does it matter that it is only one person that's on the lease who wants me out or do both of them nerd to file?
Also, the lease states no additional persons and no pets .
Aren't they in violation of their lease as well?
What consequences would it have for them if any?
Thanks

That's between them and their landlord... I find it unlikely their landlord isn't fully aware. Its all really not any of your business either way. They are YOUR landlord.. and they want you out... spend your energy looking for a place to go because your time there is running short. Or they can and will make your remaining time there very unpleasant.

Your next place might require a reference from your last place or residence ( a smart landlord will require the last several)... and at this point they are unlikely to give you a good one... cause more problems and you can be certain they will give you an epic bad one.

Short answer... don't make it worse for yourself and your daughter... you can't win, its all about losing in the least bad way possible.

And trust me...they can make it very unpleasant without breaking a single law. Eating your food....loud tv or music all hours of the night.....hogging the bathrooms and washer...not leaving any clean plates or silverwear....etc....etc...

It's in your best interest to cause as little trouble as possible for your remaining time there.

I agree with smoothy. Whatever problems they may have with their landlord is between them and the landlord. At best you might be able to get them kicked out as well, but that won't help you.

However, if there are two people signed on the lease, they would probably have to agree to file an eviction order. You might try appealing to the other leasee, but I doubt if that is going to work for you.

The landlord does not know about the extra people or animals in the house.
I was told to keep quiet about it.
Also, is a notice of intention to vacate different than a notice to vacate?
How is a 30 day notice to be delivered? Does it have to be by mail or sheriff or can he just put it ony door?
Thank you, I appreciate your help!
Do both of the tenants on the lease have to sign the notice to vacate and file for eviction or just one of them?

The landlord does not know about the extra people or animals in the house.
I was told to keep quiet about it.


I'll let the other experts respond to the rest of your post. However, you don't want to be vindictive. Continue to keep quiet. Your daughter depends on you being the adult here. If you go down this road you are only looking for more trouble than you are already in.

First, I agree with J_9. I'm not sure how you know that the landlord doesn't know. Believing it because they told you to keep quiet doesn't mean he doesn't know. And even if you did tell it gets you nothing. Its just being petty and vindictive.

Both leasees need to file for eviction. However, only one would need to sign the notice to vacate. It can be hand delivered or left on your door. It just needs to be in writing. If only one signs it, you can talk to the other and find out whether they will be a party to the eviction.

A notice of intention to vacate sounds like something the tenant gives the landlord advising they will be moving out. A notice to vacate is what the landlord gives the tenant when they want them to move out.

I think you see this as a good way to get away from people that are sloppy at best, and conniving at worst that have violated the terms of their own lease willingly, and cheated you as a result, intentional or not. I wouldn't wait for a notice I would be gone. I wouldn't give them another dime either. I wouldn't look back or worry about what the landlord does to them either as they scuffle to clean up their own mess which seems to be deeper than you know, so Cover Your Own Arse here, and get you and your daughter to a safer more secure situation, before it gets much worse, and no doubt, it will.