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Alynch211 · Oct 14, 2012, 03:31 PM

We currently live with my boyfriend's family, we are both over the age of 18 and have a 9 month old son. We do not, and have not ever had a lease agreement. I have receipts for when we were asked to pay for rent and utilities. Things have turned hostile, and we were told we had 7 days to move. We asserted our legal rights and told them we did not have to move without an eviction notice. We have not been able to find another place to live as we live in a rural area and have no transportation. (However we are still looking) They filed an unlawful detainer, but filled all the blanks in with zeros because we do not owe rent. The hearing is on Friday, are we able to fight this? Or get an extension? We are desperately trying to find a way out, but having difficulties. (Note, there is another "tenant" that is in the same position as us... however they have not paid rent or utilities.. EVER and also has no lease and was not evicted, is this discrimination?) I live in the northern Virginia area.

joypulv · Oct 14, 2012, 03:36 PM

First the discrimination: they are allowed to discriminate. It doesn't fall under a narrow range of civil rights issues.
Second the hearing: regardless of paying rent or not, they have to evict formally, and it will take longer than 7 days.
(A child won't be a factor when the sheriff comes to make sure you leave, however.)

Alynch211 · Oct 14, 2012, 03:40 PM

We received the unlawful detainer on sept. 25th, we have another 7 days after the hearing on Friday. Is there any chance we can get an extension? I can prove I've been looking for a place, and I technically have a place, however I have to wait at least 1-2 months for it to become available. Are any of these factors? Or am I just out of luck?

LisaB4657 · Oct 14, 2012, 03:51 PM

If they never gave you a written notice that your tenancy was terminated then I can't see how they can win at trial. But you MUST appear in court to tell the judge that you were never given a written notice. At that point they must start over again by giving you written notice and if you do not move out within the time required by law then they must file a new lawsuit for eviction.

If they are terminating your tenancy then in most states they must give you 30 days written notice. However, some states allow the landlord to terminate with only 15 days written notice.

joypulv · Oct 14, 2012, 03:57 PM

What's the 'another 7 days after the hearing' refer to?
You should be able to ask the court for a trial according to VA law (found on the site of Martin Wren, Attny's at Law in Charlottesville), 2 to 4 weeks after the hearing. But this isn't a typical dispute, being landlords that you share living quarters with, rather than having your own apartment. So perhaps the court has already told you 7 days is the max, for some reason?
You can present your case at the hearing, I suppose, and ask for a trial. I've actually never heard of landlord-tenant disputes going to trial before.

Alynch211 · Oct 14, 2012, 03:58 PM

Does the written notice have to be sent by certified letter? The ONLY written correspondence we've received is a hand written letter that was left in the kitchen table stating "I'm telling you to get out of house by end of week. I gave you 30 days." It was not dated, nor were we given a written notice of 30 days or any other correspondence prior to this letter.

ScottGem · Oct 14, 2012, 04:00 PM

Your defense, as Lisa suggests, is that you were never given a written notice to terminate tenancy. Legally they can't file for an unlawful detainer until you have been given a written notice to vacate. So, if they didn't do that, you may get another 30 days, before they can file again for an unlawful detainer.

Alynch211 · Oct 14, 2012, 04:00 PM

We have until the 25th to leave according to the 30 day rule, but our hearing is on the 19th, meaning we have another 6 days after the hearing regardless of what happens to leave with our belongings correct?

ScottGem · Oct 14, 2012, 04:02 PM

Originally Posted by Alynch211

Does the written notice have to be sent by certified letter? The ONLY written correspondence we've received is a hand written letter that was left in the kitchen table stating "I'm telling you to get out of house by end of week. I gave you 30 days." It was not dated, nor were we given a written notice of 30 days or any other correspondence prior to this letter.

If they waited 30 days from leaving that note before filing, then yes that should be sufficient.

LisaB4657 · Oct 14, 2012, 04:02 PM

Originally Posted by joypulv

You can present your case at the hearing, I suppose, and ask for a trial. I've actually never heard of landlord-tenant disputes going to trial before.

For 12 years I appeared in court once a week for landlord/tenant trials. I met with the tenants and if we weren't able to make a payment schedule then the matter went to trial. It happens all the time.

LisaB4657 · Oct 14, 2012, 04:04 PM

Originally Posted by Alynch211

We have until the 25th to leave according to the 30 day rule, but our hearing is on the 19th, meaning we have another 6 days after the hearing regardless of what happens to leave with our belongings correct?

The 30 day rule does not go into effect until they give you a 30 day WRITTEN notice.

Alynch211 · Oct 14, 2012, 04:06 PM

No the unlawful detainer was filed within the next 4-5 days after we received that note. However, the note wasn't dated... but I did contact the local authorities about it, will this be sufficient proof?

LisaB4657 · Oct 14, 2012, 04:16 PM

One more time... here is the required process:

The landlord must give you a written notice that your tenancy is terminated and you must move out. In most states they must give you 30 days but some states permit 15 days. If you don't move out within that time then the landlord can file a lawsuit for eviction.

If the landlord gives you a written notice that gives you less than the number of days required by law then the court will rule that the notice was insufficient and will not grant an eviction. The landlord has to start over again by giving you a written notice with the required number of days.

If the written notice that was left for you only gave you 7 days, and if the landlord cannot prove that they gave you the required amount of written notice then I can't see how a judge would give them a judgment against you.

But you have to make sure that you appear in court on the trial date to defend yourself and say that you were never given any written notices for more than 7 days.

If all else fails and the judge grants them a judgment for eviction, immediately apply to the court for an emergency stay of eviction.

Alynch211 · Oct 14, 2012, 04:51 PM

Thanks for the help, I just wanted to cover all my bases. I actually have some hope for my family now.

LisaB4657 · Oct 14, 2012, 04:54 PM

Good luck!

ScottGem · Oct 14, 2012, 05:00 PM

Nothing to add to what Lisa said, except let us know what happens.

http://www.rentlaw.com/eviction/vaqa.htm

Alynch211 · Oct 19, 2012, 03:17 PM

Well we lost.. the judge wouldn't even let us talk. The appeal bond is set for 3000. Thanks for the advice anyway

LisaB4657 · Oct 19, 2012, 03:21 PM

You weren't allowed to speak and you're required to pay a bond of $3000 before you can file an appeal when there was never any claim made for rent? Where in the world is this?

Alynch211 · Oct 19, 2012, 03:57 PM

Madison Virginia. Apparently she was awarded possession of the property.. neither of us spoke really. So now we've got 10 days..

LisaB4657 · Oct 19, 2012, 04:06 PM

There's a chance you might be able to get an emergency postponement of eviction that would give you a little more time to find a place. But if you weren't permitted to speak at the trial then I doubt the judge would give you more time to get out.

I'm sorry that this didn't work out for you. But then again you would probably be better off being away from family members who want to make you homeless. Good luck.