I just received a 5 day eviction notice today because I haven't paid rent to my landlord because he won't fix my stove,fix my kitchen sink leak,bath tub
Leak,toilet won't flush unless we plung
It after each use, and there's mold all
Over my ceiling's in every room from the rain it comes right through the roof.. so we haven't paid the rent because of all this.. we moved in November 1,2012 and he still hasn't fixed anything... my eviction notice says to be out of house by October 4,2013 but I have 7 kids and no where to go until at least November 1,2013. So how do we actually have to be out after the eviction day?

First, what you received is not an eviction ORDER, it's a pay or quit notice. It means you are given notice to pay what you owe within 5 days or the landlord will start eviction proceedings. This means going to court for an eviction order. You will be given a summons to appear in court for a hearing as to why an eviction order should not be issued.

Second, you just can't not pay rent. Even if the landlord has failed to make repairs. There is a process you have to follow. This process varies by area (any question on law needs to include your general locale as laws vary). But generally you have to give the landlord notice that repairs must be made within a specific time frame or you will make the repairs and pay for them with the rent.

Have you documented the needed repairs and your requests that they be made?

So how long do I have after the 5 days is up?

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Originally Posted by ScottGem

First, what you received is not an eviction ORDER, its a pay or quit notice. It means you are given notice to pay what you owe within 5 days or the landlord will start eviction proceedings. This means going to court for an eviction order. You will be given a summons to appear in court for a hearing as to why an eviction order should not be issued.

Second, you just can't not pay rent. Even if the landlord has failed to make repairs. There is a process you have to follow. This process varies by area (any question on law needs to include your general locale as laws vary). But generally you have to give the landlord notice that repairs must be made within a specific time frame or you will make the repairs and pay for them with the rent.

Have you documented the needed repairs and your requests that they be made?

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I have pictures of everything that needs to be fixed..

I don't know how long you will have. It depends on the local courts and laws. You still haven't given us your location.

Having pictures of everything that needs to be fixed is not enough. What you need is documentation that you have requested these changes, that they are necessary for the habitability and usage of the premises. If you do not have such documentation, then I would recommend that you pay the rent. And then inform the landlord that he needs to repair the problems or you will have them done and take the cost out of the rent.

I would suggest you get estimates on the cost of the repairs and include them in your written notice. You might also want to go to the housing department and ask for an inspector to inspect the property to order the landlord to make the repairs. Another option would be to roll the dice, and let him file for an eviction order, then go to the hearing and present your proof of the need for repairs and the fact that the landlord hasn't made them. Maybe the court will rule in your favor and deny the eviction order and order the landlord to make the repairs.

On the other hand, this place seems like a dump and maybe you are better off vacating. Pay the rent, then find someplace to move to.

I live in Pulaski VA

This is for Fairfax Cty but it should be very similar for all VA:

Eviction Procedures - Fairfax County, Virginia

Look in the blue pages for your town or county health dept, and mention the mold (leave out the other stuff for now). That might get a swift order to the owner.