Ask Me Help Desk - Can I be evicted for not paying rent because I'm not being supplied with water?

Ill try to make this short... I have been renting a home for about 5 months now, this is the first month ( November) that I have refused to pay rent. 3 days after paying rent last month I called my landlord to inform her that we had no water, she sent her plumber out to figure out why, he said that the spring ran dry, I then called her back and told her that... I never heard anything else from her again until a few weeks ago when a letter was taped to my front door telling me I had ten days to move out. I called her daughter ( who helps her with renting homes) informed her that from what I understood.. Va law requires a 30 days written notice telling me I am being evicted. I was then giving until the 16th of Dec to move out, notice.. I have yet to receive a 30 day eviction notice. To this day... I still have no running water in my home, I have to carry in bottles of water from friends and family , take myself along with my children to friends and familys homes for showers as to not miss school or work.Today... the landlord and her son came by again, trying to open my door, beating on it and I refused to open it. A few moments later I received a voice mail from my landlord telling me to leave my doors unlocked so she can get in my home and drain the hot water tank, (which is already empty) and to get my dogs out of this house.
Can she do this? Can she actually come into my home like this? What can I do?

Any help would be ever so greatly appreciated. I have no problem moving, I just do not have the funds to do so right now.

I just need to clarify. You have NOT paid rent for November? If yes, she can evict you but needs to get an eviction through the courts. You can't withhold payment due to the water - you have to make your rent payment to your local circuit court to protect your rights.

Your right, I have NOT paid rent for November. I spoke with a few other landlords and had heard from them that they.. had they been in my situation, they would have done everything possible to make sure I had water , even if they had to bring it to me themselves.. they said that that is the landlords responsibility. I figured that since I called her 3 days after paying rent in October, then living without water from 10-08-07 until now, 11-27-07.according to Va. Law, the landlord is required to provide the home with running water. Like my husband said, maybe we should have paid rent, but honestly, if we called 3 days after running out of water, what good would it of done us? As for the eviction notice, I was always told that it had to come from the courts... is the ten day letter they taped to my door, or the phone call with the daughter any standings on me being out?

Quote:

Originally Posted by cindys2003

Your right, I have NOT paid rent for November. I spoke with a few other landlords and had heard from them that they ..had they been in my situation, they would of done everything possible to make sure I had water , even if they had to bring it to me themselves..they said that that is the landlords responsibility. I figured that since I called her 3 days after paying rent in October, then living without water from 10-08-07 til now, 11-27-07.according to Va. law, the landlord is required to provide the home with running water. Like my husband said, maybe we should of paid rent, but honestly, if we called 3 days after running out of water, what good would it of done us? As for the eviction notice, I was always told that it had to come from the courts...is the ten day letter they taped to my door, or the phone call with the daughter any standings on me being out?

Your renting a house? Allot of the houses that I have looked at to rent doesn't pay water. The tentent is resposible for EVERYTHING. If it states in the lease they pay for water then they should and you need to take them to court. You should still pay your rent... this way you are not at falt at all. Why would you even want to stay and rent form some people like that? Good luck. Hope it all works out.

How many rentals do these people have?

The house I am renting is an old farm house, I am carring in bottled water... and have managed to keep my house clean by doing so.. as well as my children... by heating water.. we are getting by... the house is not on a well, or city water, we are in the country and the water comes in from a natural spring... but the spring has run dry. We did however find a pole behind the spring house where it was tagged for a well to be dug... but nothing has been done since last month when I paid rent.
I just spoke with Legal Aide in Virginia.. and was advised that No I do not have to move out.. that the landlord must go to the courts and get an unlawful detainer and then take me to court. No I do not like the idea of having to stay here any longer than I have to.. but when you are on a fixed income you have to do things when you can afford too, as for right now, we are managing, it is hard , but we are managing. We r not the first renters they have done this too... we just want to make sure we are the last they do this too. They are big in the town we live in and everyone believes them to be something they are not, we want to show the people around here exactly how they work. This is something that should have been delt with last month when I made the phone call, but it wasn't.. it took over a month for them to make any contact with me, and then it was a letter taped to my door, not a phone call.. nothing. I am just trying to make it is all.. Its not that I want to stay, its just that for right now, I have no choice but to continue doing what I am doing and make the best of it. Thank you for your help , it is ever so greatly appreciated.

They have less than 5 I believe

If you want to stay, pay your rent now to them in care of the circuit court. Then send the landlord a certified letter demanding a solution to the water situation. That will protect you. As it stands now, they can evict you for non-payment and it ruins your credit history.