My husband was out of work for 6 months and he just now landed a job, and a good one. We've scratched, scraped and borrowed, even donated plasma to make our bills. We've had yard sales and practically sold everything we own. In this 6 months we were only behind 2 weeks when our landlord's daughter put a 5 day pay or quit in our door. We almost missed it because it fell to the floor on our way out and it was dark.

I have a couple of questions... Our lease is with our landlord. He is 89 and really a very sweet man. We did not even know about his daughters when we rented this house. Ever since December if rent was even 1 day late she would begin harassing us and threatening us. This is not the first pay or quit she's given us, she gave us one back in December and says "This isn't even filed with the courts, it's just a notice."

Well, so they gave us another one on Monday June 1. They said THEY, meaning his daughters and his nephew are going to file the unlawful detainer. His nephew comes and tells us they don't want us even speaking to the landlord anymore unless it's to take him money. He loves our company or so we thought. Anyway, his daughter believes he shouldn't be social with us.

We also had a verbal agreement to catch up totally by the end of June or we volunteered to leave and he said he didn't want that. We would have all of the money, May's and by that time June's rent as well but it seems they aren't interested.

I guess my questions are:

#1: Can anyone except my landlord file the unlawful detainer? I mean an his daughters or nephew go to the court house and get this?

#2: Is this handwritten thing they put in my door a legal notice?

#3: Once they get the unlawful detainer how will I be notified of the court date and do I get a court date only if I answer?

Thanks - I live in Va.

Only the owner of the property (landlord) can evict you UNLESS someone else has a Power or Attorney or similar document signed by the landlord.

I would not take a chance that the written notice does not comply with the law and would consider it to be sufficient, legal notice to pay or quit.

Here's the law on Virginia evictions:

"What type of notice does a landlord have to give to evict?

No matter what the reason, a landlord must give you a written notice in order to evict. However, you do not have to move just because a landlord has given written notice.

Is a landlord's oral notice to move any good?

No. A landlord's oral notice to move is not good. An oral notice to move should not allow the landlord to start an eviction. You do not have to move just because a landlord has given an oral notice.

What type of notice does a landlord have to give in a non-payment of rent case?

If a landlord wants to evict you for not paying rent, the landlord must give you a written notice to either move or pay rent in 5 days. If you pay the rent in 5 days, you get to stay. If you do not pay, the landlord can start an eviction in General District Court ( GDC ). You do not have to move just because the landlord has given a written notice."

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Originally Posted by JudyKayTee

Only the owner of the property (landlord) can evict you UNLESS someone else has a Power or Attorney or similar document signed by the landlord.

I would not take a chance that the written notice does not comply with the law and would consider it to be sufficient, legal notice to pay or quit.

Here's the law on Virginia evictions:

"What type of notice does a landlord have to give to evict?

No matter what the reason, a landlord must give you a written notice in order to evict. However, you do not have to move just because a landlord has given written notice.

Is a landlord’s oral notice to move any good?

No. A landlord’s oral notice to move is not good. An oral notice to move should not allow the landlord to start an eviction. You do not have to move just because a landlord has given an oral notice.

What type of notice does a landlord have to give in a non-payment of rent case?

If a landlord wants to evict you for not paying rent, the landlord must give you a written notice to either move or pay rent in 5 days. If you pay the rent in 5 days, you get to stay. If you do not pay, the landlord can start an eviction in General District Court ( GDC ). You do not have to move just because the landlord has given a written notice."

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Thank you. Now here's another question...

Let's say on Monday they go to court and file for this "UD". First, I guess I'd want to know how I would be notified of it?

Second, suppose next week I am able to pay May's rent which is technically all that's owed, they are trying to say June's rent is owed but is not due until July 16th. So let's say they file for the "UD" on Monday. Then say I am able to pay May's rent on Wed. or Thurs. Can I take the receipt to the court house and stop the eviction process or can they still go ahead with the process?

Also, there was a loan for my electric bill a month ago, can they include that in this being that it was a personal loan?

His daughters own half the property and believe they are entitled to half the rent which is why I'm sure this is happening. But his daughter's are not nor have they ever been on my lease. I didn't even know they existed until 6 months ago.

You would receive papers asking for your answer in defense of the UD. This should also include a court date. Once the 5 day notice has been give and expired, the landlord does not have to accept any rent from you.

The court will not accept your rent prior to the hearing. At your hearing, the judge may cancel the eviction if ALL back rent is paid plus late fees, court costs and attorney fees (if allowed).

Confused... how can June's rent be due on July 16th??

The daughter is most likely is acting as the agent for her father or has power of attorney.

This site has a good synopsis of the process in Virginia.
The process of eviction

There are a number of things mentioned there which may help you.

1) For the 5 day pay or quit notice to be valid, it must either be mailed certified or posted by the County Sheriff. If the landlord's daughter just taped it to your door then it may not be valid.

2) A sherrif has to deliver a summons giving notice of the hearing AND the landlord must mail a copy of the summons and attest they have done so. Also you have to receive the notice at least 5 days prior to the hearing date.

3)

Quote:

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Originally Posted by LILL

Once the 5 day notice has been give and expired, the landlord does not have to accept any rent from you.

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This is incorrect for Virginia. There is a right of Redemption by which the tenant can stop the eviction by paying in full on or before the first court date. However, there are conditions that must be met to use it and you should consult an attorney if you intend to.

Any person listed as a joint owner of the property can act in the eviction process. However, the daughters have no right to tell you not to contact their father as long as he remains a part owner.

I am also confused as to how the rent canb't be due until July 16th. Also there is a common misconception about grace periods. Rent is due on the date provided for in the lease. The lease may offer a grace period during which you can pay without incurring a late charge. This doesn't mean the rent isn't late if its past the due date.

I'm confused about the eletrical bill. Is the electricity in your name of the landlord's, was it paid? Doesn't matter how it was paid as long as it was paid.

To answer your question about June's rent, our lease states that our rent is due on the 16th of each month. It use to be the 1st but he revised that back in Jan.

I thought I had read somewhere that the 5 day notice must be certified I mean a tenant could claim they never received it. So, when we receive the "UD" when we answer it we could tell them that they just stuck in our door and ask that they start over by sending a certified notice? His nephew says "either you have the payment or you don't and in 5 days the process will proceed" or something like that.

I have every intention to answer this thing and get a court date if necessary. I know he needs his money and I don't fault him for that. I also know that his daughters are only doing this because they claim half the rent is theirs since they own half the property left to them by their mother. Being that he does need the money that's why I'm thinking if we caught up May's rent this week that they would drop this whole thing, wouldn't anyone? It was empty I think they said a whole year before we came along.

Anyway, thanks for the link I will look it over. I think this is going to be so close like by the skin of our teeth close.

Quote:

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Originally Posted by ScottGem

This site has a good synopsis of the process in Virginia.
The process of eviction

There are a number of things mentioned there which may help you.

1) For the 5 day pay or quit notice to be valid, it must either be mailed certified or posted by the County Sheriff. If the landlord's daughter just taped it to your door then it may not be valid.

2) A sherrif has to deliver a summons giving notice of the hearing AND the landlord must mail a copy of the summons and attest they have done so. Also you have to receive the notice at least 5 days prior to the hearing date.

3)

This is incorrect for Virgina. There is a right of Redemption by which the tenant can stop the eviction by paying in full on or before the first court date. However, there are conditions that must be met to use it and you should consult an attorney if you intend to.

Any person listed as a joint owner of the property can act in the eviction process. However, the daughters have no right to tell you not to contact their father as long as he remains a part owner.

I am also confused as to how the rent canb't be due until July 16th. Also there is a common misconception about grace periods. Rent is due on the date provided for in the lease. The lease may offer a grace period during which you can pay without incurring a late charge. This doesn't mean the rent isn't late if its past the due date.

I'm confused about the eletrical bill. Is the electricity in your name of the landlord's, was it paid? Doesn't matter how it was paid as long as it was paid.

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I forgot to answer your question about the electric bill. It's in our name. What happened was in early May we got a cut off notice. If our electricity is cut off the pump to the well also shuts off and this can damage the pump or so I've heard. So we told the landlord about our problem and he wrote a check to the electric company as a loan to us. We intend to pay this back but they are counting it as part of this eviction.

We're hoping that since most likely we can pay May's rent sometime this week that they won't be allowed to continue with the eviction. We want to speak with the landlord but since his nephew came over and forbade us to, we're a little afraid of retaliation. How can we work this out with him if we can't even speak to him? Is that something we can add when we answer the "UD" or mention in court?

Say you do pay May rent next week. June's rent is still due by the 16th of this month... which is in 10 days. Plus you still owe for the electric bill.

The landlord not "needing" the money is irrelevant.

Judging by your posts, it seems the daughter stepped in only because she feels her father has been taken advantage of.

Sorry to seem harsh... but you seem to be in way over your head.

Ok, if you have documentation that rent is now due on the 16th (not a grace period), then all you owe is May plus late charges.

If you pay that within the 5 day period, then the process stops. The electric bill payment was a personal loan and is, therefore, separate. I would make that argument if they do go ahead with the UD.

I think, though, that ALL owners need to sign for the UD. If they don't I would argue to the judge that its not valid. I would not push on the validity of the 5 day notice, but I would point out to the judge that they are not following legal procedure.

Good luck and keep us posted.

Quote:

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Originally Posted by LILL

Say you do pay May rent next week. June's rent is still due by the 16th of this month...which is in 10 days. Plus you still owe for the electric bill.

The landlord not "needing" the money is irrelevant.

Judging by your posts, it seems the daughter stepped in only because she feels her father has been taken advantage of.

Sorry to seem harsh...but you seem to be in way over your head.

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I appreciate your responses.

Actually when we moved in his nephew told us never to give our rent to his daughter that they have a feud going on. My husband has been present and heard our landlord yell at his daughter to stay out of his business. His daughter has been trying to "step" in since December. We were lacking $100 at that time and she came the week before Christmas and handed us the same type of notice. We then told her we would pay it a week later and she said fine. Then asking us to pay her and not her father, but she is not on our lease. Honestly we feel caught in the middle of their feud.

As for June's rent we would not have a problem paying that on time either. I may or may not have stated my husband recently obtained employment and thankfully they do not hold back a week and they pay weekly so catching this up and paying June's is not an issue.

Can they really add the loan for the electric bill to this? Wow.

Maybe we are in over our heads we've never dealt with this before.

Ok so let's say the UD is filed and we answer, if we show up in court with the full amount owed at that time do we get to stay?

Quote:

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Originally Posted by ScottGem

Ok, if you have documentation that rent is now due on the 16th (not a grace period), then all you owe is May plus late charges.

If you pay that within the 5 day period, then the process stops. The electric bill payment was a personal loan and is, therefore, separate. I would make that argument if they do go ahead with the UD.

I think, though, that ALL owners need to sign for the UD. If they don't I would argue to the judge that its not valid. I would not push on the validity of the 5 day notice, but I would point out to the judge that they are not following legal procedure.

Good luck and keep us posted.

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Yes we have documentation... our lease revised and initialed by our landlord.

As for the 5 days... that's up today. Monday is the soonest they would be able to file for the "UD".

Thank you for the advice. I have no intenion of pushing the issue of the hand delivered "pay or quit" notice. But I will mention to the judge, should it really go that far; that they are not following legal procedure and if asked why I say that, then I will tell him/her about the notice and the constant confusion over who to pay, and how they forbid us from even speaking to our landlord. Also I think I should mention the verbal agreement we had with him on Thursday last about having until the end of June to catch up. I mean does he not have to honor that?

I will keep you posted as this moves along, if for no other reason then to help someone else in the same situation.

Quote:

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Originally Posted by nana_1969

Also I think I should mention the verbal agreement we had with him on Thursday last about having until the end of June to catch up. I mean does he not have to honor that?

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Yes THEY would have to honor it IF you can prove it.

Good luck!! Keep us posted on the outcome!!

Today is Monday, so far no more news. But it's early. I expect I'll hear something today or tomorrow on the "UD" if they really go through with this. I did learn yesterday that they've been talking about us all over town. As far as the verbal agreement we had, I guess that's the problem with verbal agreements, you can't prove them unless he'd be so bold as to deny he said it. I got to tell you, I'm not too keen on staying here anyway, not now. How can you continue to rent from someone once "bad blood" exists?

Quote:

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Originally Posted by nana_1969

I gotta tell you, I'm not too keen on staying here anyway, not now. How can you continue to rent from someone once "bad blood" exists?

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I was under the impression you were going to move, just on your own time, not their's. Yes, you do NOT want to stay if you are not wanted. A landlord can make things difficult legally if they want to. So I would tell them you are willing to move as soon as you find a new place if they will release you from the lease.

I would be happy to tell them we are willing to move. They've forbidden us to speak with the landlord. Should we tell the landlord we intend to move anyway and would be gone before this thing even got to court?

We got the "UD" just now. How did they get this without proof of the 5 day notice? Anyway, the court date isn't until July 6. We get 4 paychecks between now and then. That's kind of what I was hoping for. It only has my husband's name, not mine. I thought it had to list both?

Anyway, not picking over that. I see this as a blessing.

Now what happens if I don't answer this. There's nothing on here about answering it. It only says we can pay before the court date. I thought I HAD to answer this thing within 5 days?

There should be a court and docket number on the UD. Contact the court and ask what you have to do.

I wouldn't nit pick about names and proof until you get to court. However, I would try to contact the landlord. Tell him the daughters have forbidden you to tlk with him. But that you don't want to take their word for it. If he confirms it you will deal directly with the children.

There's a case # and the GDC it is to be held in. I'll have to have my husband call the court house tomorrow since his name is on it just to see what we do to answer this.

Now, if we're planning on moving out before the court date of July 6 anyway (remember we only wanted till the end of June to begin with) do we still need to answer the UD before the court date? Or can we just go ahead with our plans to move?

I wonder if in an effort to keep his agreement, the landlord asked for that late of a date? I read someplace the court date couldn't be more than 21 days. But hey, like I said, I'm not complaining. This date gives us plenty of time to find another house and before they run our credit down. :(

In an effort to keep this updated... here's where we are right now. Hubby called the court house yesterday to see what we needed to do next. They said there is not "answering" the "UD", except to show up on court if we want to appeal it. Court is July 6.

So, there we are.

I wanted to add that it states right on the summons that you don't HAVE to even show up. I was worried if we didn't we could be arrested... but since it's a non-criminal case we don't even have to go. If we don't, they will most likely get judgment.

Ok, this is what I would do. The day AFTER you move out, send an answer to the summons to the court. In that answer state that since you have vacated the premises, the UD is now moot. And that you request that it be dismissed.

However, if it is NOT dismissed, then I would show up in court. The reason for that is they may ask for damages and then get a judgement for such an amount by default. By showing up for the hearing, you can show what you have paid them and that you left the premises in good condition.