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martymar2012 · Jun 4, 2012, 06:41 PM

Background:
Attorney acting on behalf of an estate markets a 3 BR home in Virginia for lease. He shows us the house and has us sign a 1 year lease. Up to this point I don't have a problem with his terms. We make arrangements to have the first month's rent and deposit paid within the week.

Two Days Later
The attorney calls right after we have moved our things into the home to inform us that the house is going to be auctioned and that he knew this before. He just wanted to let us know that the auction will take place in approx 90 days, but was not yet 100% that the auction would happen.

My Reaction
I asked him to confirm with the family what their intentions were in regards to our lease and whether they would consider a lease - to buy option instead of the auction. In the meantime I did not pay the previously agreed upon rent or deposit as I was awaiting word back on the terms of the possible new agreement.

Over the next few weeks
My voicemails, calls, & emails went unanswered. I spoke with his secretary three times indicating that I would like to know what is going on so that arrangements for the appropriate payment could be made. I was told not to worry about it, they were aware of my intentions.

More time goes by
The next month I start to get knocks on my door and notices about unpaid rent. Suddenly now the auction is happening, it has always been 100% and I was informed of that within a week of moving in... according to the lawyer and his son who helps manage properties.

And Now
And now I have been served with an unlawful detainer and the court date is tomorrow. I have already found another house to move into, but just want to know in VA how long I am going to have to get my stuff moved out. (do I get 15 days from the court date tomorrow?) And can I press any type of action back at him for locking me into a lease on a home that he knew was going to be auctioned... My question, if it was 100% and I was aware of that... then why do a 1 year lease. He claims I knew it was shorter term and that I should have simply paid everything up. Though one of the letters he left on my door stated that even if I paid everything up on time the eviction would still move forward...

AK lawyer · Jun 4, 2012, 08:16 PM

You should not have assume that the estate could break the lease. You had, as I understand it, a valid lease and, at the time you signed the lease, were unaware of a forthcoming auction. It looks to me that you, had you not ceased making lease payments, you were within your rights and could not have been evicted.

I hope that you set the rental payments, which you should have made, aside for this moment. If so, you should tell the court that you only stopped making payments because they falsely claimed a right to break the lease, and that you are ready to get current on the lease, and claim the balance of the lease term.

ScottGem · Jun 5, 2012, 03:48 AM

Why did you wait until the court date was tomorrow?

What you can do is walk into court with a certified check for the amount of rental you owe. Explain to the court, that you signed a lease in good faith only to be told the house would be auctioned (what is the reason for the auction by the way?)

Also explain to the court that you have tried to resolve this issue but your attempts to contact the attorney representing the estate were ignored. Finally explain tot the court, that because of the uncertainty due to not having your questions answered, that you have found a new place, but need time to move. Also file suit against the attorney and the estate for moving costs since you signed a lease in good faith.

I would also submit a counter suit for moving costs.