[roxyklt]

Hi,

I was in a 3 year rent to own contract in Henrico County in the state of Virginia. We moved last year for work and was only 2 years into the contract. I told my landlord at the beginning of May that we would be moving in June. We ended up moving May 30, 2007 instead of June as work changed our start date. My landlord never said anything about owing an additional month rent until May 30 when we handed over the keys. I have reviewed our contract and it did not state a clause stating that an additional month would be owed, it only stated that the $400 a month we were paying towards the rent to owe and the security deposit would be forfeited. My landlord just came back from Iraq and has given us until Feb. 15 to pay him the additional $1100.00. He has already got to keep $10,000.00 from the rent to own money. Do I have to pay him or should I get a lwayer's opinion and not pay? I can't find anything online about this.

[oneguyinohio]

Perhaps there is something about thirty days notice? I'm just guessing since you told him you would be moving in June but left in May instead of what you had told him. Seeking a legal opinion is a good idea as there might be some rule about 30 days notice? Or something else, but I would be feeling the same way as you in the situation.

[roxyklt]

Nothing was stated in our contract about giving 30 days notice. How long can he even pursue this? We moved out May 30 2007 and it in now Jan. of 2008. Shouldn't he have had to give us more than a days notice that we owe him the money? Also I did not get my deposit back. He classified it in the forfeit with the rent to own money.

Also, don't know if it matters, he listed the house for sale instead of trying to rent to own it again.

Thanks for your answer.

[oneguyinohio]

Sounds like he may be hoping for some money from you, for which you are not obligated. Did you tell him in writing when you would move?

My own thought is that if you forfeited the deposit etc... he is just out... and not owed anything... I'm not a lawyer though... Did he threaten what he would do if you don't pay?

[roxyklt]

No I didn't tell him in writing, but he didn't tell me I had to pay in writing either. Yeah we did forfeit the deposit, so I just left this go. He said if we didn't pay by Feb. 15 his lawyers would file a lawsuit against us.

Thank you again.

[oneguyinohio]

Talk to a lawyer and see what they advise. If he does take you to court, you'll need to hire a lawyer anyway, so it might be good to get the consultation with one ahead of time. Often, lawyers will give initial visit free of charge to let you know your chances of winning or if it would be better to pay the rent so as to not have court costs. If you didn't sign anything when leaving about it, I don't know what his grounds would be... maybe just scare tactics... worth consulting a lawyer for sure. He might be relying on the verbal arrangement or something like that considering it a verbal contract?

[excon]

Hello r:

If he sues you, it will be in small claims court where neither of you can have lawyers. I don't think he has a leg to stand on. Just tell the judge. I think you can win.

excon

[roxyklt]

Thanks you both. I will call a lawyer today.