[Kerrison]

Hi all- urgent help needed here.

I have learned a hard life lesson this week- always get a lease signed!

I live in Virginia and I rent an "Above Garage Apt." from a family. There was never a lease and it was done month-to-month. I do have a copy of the 'ad' the owner typed up describing the facility. Other than cancelled checks, this is the only paperwork I have.

I moved in at the end of last August and have paid rent in 2 installments (as per arrangements made with the owner/landlord) monthly by writing her post-dated checks and leaving with her to cash.

I do this because I am a corporate trainer and I am gone for 7-9+ days at a time when I travel and only home for 3 or 4 days at a time. In short, I'm NEVER home- home for maybe 10 days a month.

My rent was to include water, sewage, trash, satellite, and the ability to add an internet connection via satellite TV later on.

Since the day I moved in, I have had water pressure problems. Sometimes I have water, sometimes I have none at all. I always make a note to tell my landlord when there is a problem. ((She does not communicate with me via email or in writing, instead via text message.)) I have resorted to rinsing out my hair in the back yard with a garden hose when the water doesn't work in the apartment. Various water pumps, units, gadgets have been replaced but the water has NEVER worked correctly since I've been here. In the 11.5months, the water has worked correctly maybe for a week, total.

The satellite was added to the facility 9 months ago - and a wireless router installed to give me the service I needed for work.
3 weeks ago, the wireless router was removed without warning, causing me lost wages.

The landlord has two large dogs which are untrained and unmannered AND do not have vaccinations for anything, including rabies. This puts ME at a risk when these dogs are in my presence. (the dogs run free and constantly get into wildlife, etc.)


Today, my landlord's husband fixed the water while I was petting his dogs. I mentioned to the landlord that I would be happy to take the dogs to the SPCA for shots if they didn't want to put the dogs into their truck (a previously mentioned 'hangup' on dog-welfare.)

10 minutes later, the landlord's husband was at my door telling me that they no longer wanted me living here, I didn't fit in, and that I needed to 'find a new place to live' immediately.

I asked how long "Immediately" was and he said "As soon as possible- Tonight if you can. Just find you a new place and get out. We don't want you."

As of right now, there is no formal eviction notice.
Is it true that legally I have 30 days to vacate? Or do I really have to leave now?


I am scheduled to leave for a business trip again on the 21st. The landlords know this is my next travel-day and expect me to leave on this day.

If I postpone my trip, I lose my job. If I leave the apartment and go to work, I am worried that my belongings are going to be messed with or set on the curb. Or even that my locks will be changed.


I am in a sticky situation considering I have to leave for work in such a short time- makes moving near impossible, never MIND finding someplace to go! I have nowhere to go in such a short time.


I am tempted to leave a note on my landlord's door tomorrow stating that "by ___ law, I have 30 days to leave and I will be out by ____." This way at least it is documented that I am aware of my rights and planning on leaving.


Since I don't have a formal or signed lease, what are my rights?

I don't want to stay if they don't want me here, but I do need to make sure my belongings don't disappear or get set outside to get ruined.

Also, what is the policy on rent? If I am evicted at 30 days, then do I have to pay for ALL of September or just for the # of days I'm in the apartment?

PLEASE- any advise you can offer would be appreciated.

[LisaB4657]

They have to give you 30 days written notice that the tenancy is terminated. And you have to give them 30 days written notice if you choose to terminate your tenancy.

I suggest that you give them a written note stating that you've made arrangements to be out of the apartment on or before September ____ (30 days from the date you give them the note). You will have to pay rent up until that date.

Keep a copy of the note. If you return from your trip and they have locked you out, call the police. The police will force them to let you back in. Legally you are entitled to remain in the apartment until the date on the notice. If any of your belongings are gone then file a complaint with the police.

[rockinmommy]

I would agree with Lisa's post as to your legal rights. The thing that concerns me is with you being gone so much. It's true that if they cleaned out your apt while you're gone you'd have legal recourse, but that doesn't help you from a practical standpoint if they throw all of your stuff away while you're gone - or something bizarre like that.

There's a link in the first post in this forum to the state landlord/tenant laws. Look that over. It wouldn't even be a bad idea to print that out, highlight all of the applicable sections, and include a copy for them along with your written notice that you'll be out by such and such a date. I'd give them a copy, and have them sign a copy that you keep for yourself.

As far as all of the other stuff you mentioned... they are definitely not good landlords, but unless you have copies of written complaints or requests for repairs you've made to them there probably isn't much you can do with that info. If you wound up in court it may strengthen your case if you get a tenant-friendly judge, but a lot of them don't want to listen to that kind of stuff. They just want documented facts.

You're the only one in a position to know what they might do while you're away. If you seriously fear that they'll move your stuff out, etc while you're out of town then you might want to consider moving in the next week - get a storage unit if necessary. Or if you think it's just an idle threat then give them the notice previously mentioned and go with that.

Karla

[ScottGem]

As noted, they cannot just tell you to leave whether you have a formal lease or not. You have been there long enough to have established residency and have cancelled checks as proof of rental payment.

So they have to follow formal eviction proceedings. I would add to the letter mentioned by Lisa like so:

As per Virgnia State law Section 55-248.37, you are required to provide a written notice of termination at least 30 days prior to the next rent due date. However, since you have decided you no longer want me as a tenant, I am accepting your verbal declaration and giving you 30 notice that I will be out by _______.

Any interference in my rights or ability to maintain possession of the premises prior to that date will be dealt with to the full extent of the law.

Next you need to take dated photos of the premises with a detailed inventory of your possessions. This is in case they do try anything. I would also move items that are irreplaceable (photos, heirlooms, etc.) to a storage facility just in case.

Did you give them a security deposit?

[Kerrison]

Thanks, guys.

My sister works in commercial real estate and said there is something called "Stephen's Law" in Va (or "steven's law") which says that w/o a signed lease, I have to leave immediately.

I can't seem to find anything on Google for this- have you all ever heard of it?

Regarding: This note that I'm giving them, should I hand-deliver it or have the sherriff deliver it?

Just out of curiousity, would it be in my best interest to include on the note I'm leaving on their door something like "Retaliatory Eviction is illegal under ____. I The 'reasons' you've given for my eviction are based off of my request to have workign water, as I am entitled to in _____. Also based off of my request to ensure dogs are innoculated and registered as per VA code ______, for my own protection. Giving reasons such as these for eviction is considered retaliatory and this is illegal."

I just feel like telling them that what they're doing is NOT legal, even though I'm still moving.


Scott- regarding sec.deposit. The 'ad' said that it required 1 month deposit ($675), but the landlord said I could pay that over several months once I move in. So when I started doing that, she couldn't keep track and told me "Not to worry" about it anymore. In my best estimate, since I haven't looked at my check register for this, I'd think I gave her roughly $340 in security deposit.
At this point, it'd be NICE if I saw it again, but I don't really think I will.

Also- since I pay rent in 2 week installments, rent is due again on this Thursday the 16th then again the 30th. She's got my pre-signed post dated checks and on those dates there will be $$ in the bank to cover the rent. (I get paid wed, her checks are dated for thurs.)
Scott- you said something about "30 days prior to the next rent-due-date." Well is that the 16th?



Kerry

[LisaB4657]

Tell your sister to stick to commercial real estate. :) VA Law Section 55-248.7D provides that you are a month-to-month tenant. Section 55-248.37A provides that the landlord must give you at least 30 days notice to terminate the tenancy. And that notice must be 30 days prior to the next due date for rent.

Section 55-248.39 prohibits retaliatory action by the landlord.

You can read the VA statutes at LIS > Code of Virginia

The only Steven's Law (or Stephen's Law) I could find had to do with drunk driving.

[ScottGem]

Kerry, your sister doesn't know what she's talking about. Check the statute I cited. It specifically deals with just the type of no lease tenancy you have.

A landlord cannot break a lease without cause. However, in your case there is no lease to break. Because you are what is considered under VA law a periodic tenant, the tenancy can be terminated at ANY time by either party for ANY reason. The only requirement is sufficient notice under the statute cited. So forget the retailatory business. They are within their rights to kick you out they don't have to give a reason, they just have to give you enough time. See
LIS > Code of Virginia > 55-222 And LIS > Code of Virginia > 55-248.37.

The retailatory aspect only seems to apply if you take or participate in legal action against the landlord. Not just because he doesn't like something you said.

[Kerrison]

Thanks, Lisa. I just don't want to state all this stuff to my landlord (ALSO in commercial real estate) and then have her come back with different laws (like steven's) stating I have to leave YESTERDAY, you know?

I do plan on moving ASAP. A friend of mine needs a roommate, but we both need a month or two to get our stuff together- her parents will let me crash with her for the time being, so I do have a roof, but this is still a VERY stressful situation, you know?

Either way, I'm hoping to be out by the end of this week. Not what I planned on doing with my week, that's for sure!

I've paid my rent on time. I don't have parties, etc.
I'm home from 7-15 days a MONTH and all I asked for was running water. I didn't have it half the time. Asking for running water after a YEAR is out of line? I'm still astonished that people do stuff like this.

[LisaB4657]

Look at it this way... these people are doing you a favor. They're forcing you to move out of a bad place. They can't legally do it without proper notice, so don't hesitate to call the police if they lock you out. Just concentrate on getting your stuff together and be glad you're getting out of there.

When you have a chance, sit down with your checkbook and make a detailed list of all the payments you made to them. That way you can figure out how much of a security deposit you gave them, and if they don't return it within the proper time you can file a small claims suit against them.

Good luck!

[ScottGem]

I think the issue is more the comment about the dogs. Some people are so touchy about pets then anything will set them off. Frankly, a tenant that is away half the time seems a VERY desirable one to me.

But, we've given you the statutes that support your position. If youa re going to be out before your next trip then fine, but if not, make sure you document anything you leave in the apt.

Also, if they took out the router giving you lose of Internet service that caused you loss of income, then I would sue them for that loss of income.

[Kerrison]

Thank you, guys.
I am headed to the city magistrate today to file the paperwork to let them know what happened from my side. These people are 'town locals' where everyone knows them around this town because they've lived here for so long and are so-and-so's son, so making sure I'm the one to have it on file first is key in this town. *shrug* not what I'd typically do, but... I don't have much of a choice, I think.

One more question- do I have the right to request 'damages' (For lack of another term) for living here for a year w/o running water? Say "I was supposed to pay $675 a month including water and did not have water, therefore I'd like a retroactive refund of $___ because your lease terms were not fullfilled?"

Same for the internet- submit it in writing NOW so that I can try to settle out of court?

And the problem is they don't take CARE Of their pets. I am constantly getting phone calls that say "we're out of food- if you want the dogs to eat, buy some on your way home." or "The dogs did ____ today. Can you train them not to?" or "Its raining and we don't want to feed the dogs- you do it or they go hungry." They live outside 24/7, don't have sufficient shelter, water, etc.

My personal belief is that the owners were upset that I was responsible when they were not- she's afraid that if she doesn't get the dogs shots, etc, I will call animal control. And she wants to evict me before that happens.

I guess that shows what kind of people they are.

[ScottGem]

Well you have damaged any claim you might have for living there so long. If the problem existed and you put in a claim for it immediately, that would be one thing. You can try, to include damages as part of a suit for the return of your deposit.

[Kerrison]

Ok guys- I spoke with the magistrate. Everyone's right- 30 days is acurate but she too is worried about my belongings when I'm gone so she agreed that the letter letting them know I'm serious will protect me.


Here's a copy of what I think I will have the sherrif deliver. Any comments?



Tuesday, August 14, 2007

Mrs. Landlord.
Mr. Landlord.
Their construction company

As per Virginia State law Section 55-248.37, you are required to provide a written notice of termination at least 30 days prior to the next rent due date.

However, since you have decided you no longer want me as a tenant, I am accepting your verbal declaration and giving you 30 days notice that I will be out no later than September 14th, 30 days following the date of this notice.

Any interference in my rights or ability to maintain possession of the premises prior to that date will be dealt with to the full extent of the law.

Please note: You are in the possession of 2 pre-dated checks each in the amount of $340, dated for 8-16-07 and 8-30-07 to complete rent due for the month of August.

Should the tenant vacate the property prior to the 30th, the check dated on the 30th shall be returned to the tenant and the rent will be prorated to the number of nights the tenant occupied the unit. ($675/31 = $21/night)

Any additional checks in your possession need to be returned to the tenant, immediately. Also please return any additional items, such as “Friends and Family” travel cards, immediately.

Detailed photos of the unit will be taken during occupancy to itemize all items inside for the tenant’s records and protection.
Detailed photos of the unit will be taken post-vacancy to ensure that the after-occupancy walk through is completed accurately.

Refund of $200 submitted as a “security deposit” is expected in full, no later than 21 days post occupancy. This is not refunded due to apartment condition, but instead to compensate the tenant for the lost wages due to the change in lease terms (see internet connection on “for rent” ad) and the lack of consistent water, as required in the Virginia Resident and Tenant Act, Section 55-248.13 (water is considered ‘included’ according to the lease agreement and is required to be provided to the tenant per VRTA code.)

Further communication should be addressed in writing.

Kerry R Hurley

[ScottGem]

The only thing that bothers me, is that you are giving 30 days notice but requiring that they refund your rental if you move prior to that. So I would make the following change:

Please note: You are in the possession of 2 pre-dated checks each in the amount of $340, dated for 8-16-07 and 8-30-07 to complete rent due for the month of August.

Since you have requested that the tenant vacate as soon as possible, should the tenant vacate the property prior to the 30th, the check dated on the 30th shall be returned to the tenant and the rent will be prorated to the number of nights the tenant occupied the unit. ($675/31 = $21/night). If, however, the tenant vacates between the 30th and the 14th, tenant will owe pro-rated rental at the rate of $21/night).

This way you put the onus for leaving early on them, otherwise they might be within their rights to charge you up to the 14th. You also mix first and 3rd person. In one paragraph you refer to I will be out and my rights. Yet in the above paragraph you refer to the tenant. You should be consistent and use either first or third person (I would use first) throughout.

[Kerrison]

Thanks again, Scott. I made the suggested changes. I taped one copy of the note to her front door and the magistrate/sheriff will be delivering the 'formal' copy tomorrow just to verify that it was submitted - I figured this is for my own protection at this point.

The other thing I haven't mentioned is that I have a horse who is boarded with a neighbor- the neighbor is quite friendly with my landlords (They've known each other for years.)

The only rent available in town is tripple what I pay here. So I have to move 2 hours away and bum a couch from a friend until I figure something out.

When I called my barn-manager/neighbor to tell her the horse would be leaving, she said "I know." This means that my landlords have already spread this around to people not involved?!

What interesting folks!

In my professional life, I know people treat their customers like this (I work in the hotel industry) but I didn't think people would to it to TENANTS, too. I don't know why- niave, perhaps?

I guess I just can't believe the extremes people go to in situaitons like this- wouldn't it have made more sense to give me the legal 30 days notice, keep it all low key and friendly so there's no animosity? So I don't HAVE to take them to civil court?

[ScottGem]

Landlords seem to be a separate breed. Of course there are good and bad landlords. But landlords seem to assume there will be an antogonisitic relationship with the tenant.

[rockinmommy]

In my professional life, I know people treat their customers like this (I work in the hotel industry) but I didn't think people would to it to TENANTS, too. I don't know why- niave, perhaps?

I guess I just can't believe the extremes people go to in situaitons like this- wouldn't it have made more sense to give me the legal 30 days notice, keep it all low key and friendly so there's no animosity? So I don't HAVE to take them to civil court??

I've been a landlord for over 13 years. I've pretty much gotten to the point where very little surprises me. I hate it that there are horrid landlords like yours out there. It gives all of us a bad name. Just like in any profession, I guess. It's usually ignorance that drives this kind of situation. (Not trying to defend your landlords AT ALL)I'm sure in their minds they feel like you're living in "their home" and when they're tired of you they can just ask you to leave. It sounds like they never bothered to do any homework before they decided to rent out the garage apt. Or they're just huge jerks... :p

I've always thought that it's too bad that the good tenants and landlords can't be segregated from the bad tenants and landlords somehow... Well, a girl can dream, can't she??

[Kerrison]

It's usually ignorance that drives this kind of situation. It sounds like they never bothered to do any homework before they decided to rent out the garage apt.

I don't disagree- I think that part of it is ignorance and part of it is the whole "country" mentality. They work on a handshake and a promise (the country part) and then break it when it suits them (the ignorant part)... and I think they expect everyone else to be ignorant, too. Ya know?
They never took the effort to learn rights/laws, so they assume that I won't learn my rights, either??

And the landlord is a realtor so she just assumes she knows rental law instead of 'sales' law... and maybe she DOES know it but choses not to do it? Who knows why people behave the way they do.

I guess the good news is that it is NOT ME- I didn't do anything. I consult on riding lessons to a friend of the landlord's and when I called her to cancel the lesson, she said she was surprised I lasted as long as I did, and that these people have done this to at least 2 other folks- one employee, and then the previous tenant. The friend said that it was NOT a situation of what *I* did wrong- instead the female landlord just has control issues and hates to have people around that ask her to be held accountable.

*shrug* Whatever. Craziness!

[Kerrison]

Ok guys- one more question here since you ALL have been so helpful


Several months ago I made arrangements for some friends to visit and stay with me while the were on vacation. The landlords were aware of my friends coming; they know I don't party, so they had no problem with it and said it was OK (again- via text message)

So they're visiting tomorrow for 2 nights, leaving Tues. afternoon.
The friends are aware of the situation and have agreed to help me pack while they're here. (They still want to do SOME fun stuff, too.)

I know that landlords legally can prevent you from having guests/company at your unit, but in this situation, where they've asked me to leave "as soon as possible"... wouldn't it be unrealistic of them to not expect me to have help moving?

I'm debating leaving a letter for them stating that I will be having company this weekend and they'll be helping me pack since the landlords have requested I leave "as soon as possible."

What are your thoughts? I would hate my friends to get here and get asked to leave. But I also don't want to start drama by being on the defensive about this and give things in writing when I don't need to, etc
I just don't know which is the right thing to do.
Besides, if you ask me to leave right away, can you really expect me to pack up a 1500sq ft apartment and move it down the stairs by myself?

Any thoughts??

[ScottGem]

First, landlords generally can't restrict short term guests unless specified in the lease. Second, If they LLs say anything about your guests tell them, point blank, since you've given me little time to move, I need some help getting packed.