Check out some similar questions!

butterflyharmon · May 23, 2009, 12:37 PM

I need to know what to do when my LL in Chincoteague, VA is trying to illegally evict me. Claims to not have received the rent/utilitites. Saying I need to be out by the 31st of this month. Harassing me and my husband. Him at his work place yelling and screaming and swearing. Police tell her as well as me to not talk to one another I don't she does. She just informed me today after getting the letter that told me to be out on the 31st that she is going to shut the utilities off on tues which is illegal in VA. She has to go through proper channels if she wants me out such as a 21/30 eviction and that utilities can't be shut off. Police said I needed to get a lawyer but can notafford one what should I do? Legal aid on tues is what I am going to call but am afraid she will shut the utilities off before I get themon the phone. Anyone?

p.s. this is a resort town she can get about a grand a week for my place instead of 800 that is why I think she is doing this.

ScottGem · May 23, 2009, 01:15 PM

Ok, Frankly, you want her to turn the utilities off. Its VA, its summer, so this will not be a huge hardship to be without utilties for a couple of days. Clean out your fridge and refrigerator, stock up on bottled water.

Because the minute she shuts off the utilities, you report this the local housing department, file for a restraining order to have the utilities turned back on and file suit against her for an illegal eviction.

You are, of course correct, that she has to follow the law to evict you. If you have been paying the rent and can prove it, then she can't use a pay or quit notice. If she tries to terminate the lease, unless you are a month to month tenant, she has to wait until it expires.

So the law is on your side here, you just need to familiarize yourself with the law. And you can find a sticky note at the top of this forum with links to VA law.

Her harassment and illegal actions will get her in trouble. You might wind up owning the house if you get a big enough award from your civil suit. But there is a good chance you can get several months of free rental.

One last point, if she does shut off the utilities, you need to keep an accurate record of how much this will cost you. The cost of bottled water, cost of eating out because you can't cook or store food. If you have to stay at a motel, she will be required to reimburse you. So keep receipts and a journal of those costs.