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    kdcromer's Avatar
    kdcromer Posts: 1, Reputation: 1
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    #1

    Aug 28, 2008, 02:35 PM
    5 day pay or quit notice
    My boyfriend and I just got served with a 5 day pay or quit notice in Virginia because we had not paid rent. There was a delay in getting my refund check from school and was not able to pay it. We didn't sign a lease or anything stating the terms. We immediately moved out. Now I am being served with a warrant to show up in court to pay. The landlord is definitely charging us more than we owe. We should owe no more than $2000 but the warrant says $3260. Should I just wait and go to court and see what happens? I figured the worst that could happen would be we would have to pay so it might be worth at least going to fight it. Would not having a written agreement such as a lease help us in court? What should I do?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Aug 28, 2008, 02:41 PM
    Quote Originally Posted by kdcromer
    My boyfriend and I just got served with a 5 day pay or quit notice in Virginia because we had not paid rent. There was a delay in getting my refund check from school and was not able to pay it. We didn't sign a lease or anything stating the terms. We immediately moved out. Now I am being served with a warrent to show up in court to pay. The landlord is definitely charging us more than we owe. We should owe no more than $2000 but the warrent says $3260. Should I just wait and go to court and see what happens? I figured the worst that could happen would be we would have to pay so it might be worth at least going to fight it. Would not having a written agreement such as a lease help us in court? What should I do?

    The papers should indicate a breakdown of what they are charging you for -

    You owe until - minimally - the last day of the month you moved out plus 30 days.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Aug 28, 2008, 02:44 PM
    You are responsible for back rent and a another months rent if you were a month to month lease. 30 days notice is standard when there is no written lease. You have no real choice regarding showing up in court if you were served a warrant. If you are broke ask about a public defender but I would not go to court on your own.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #4

    Aug 28, 2008, 02:46 PM
    Is this in small claims?

    If so, you can represent yourself and won't need an attorney.

    About all you can do is show up, present your defense, and let the judge rule.
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