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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Regarding the above questions. I filed an unlawful detainer

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Regarding the above questions. I filed an unlawful detainer for the money that my tenants owed me. The court date is 8/9/13. The rent is due for August on 8/1/13 and it is late after 8/3/13. They say that they are moving 8/3/13, but that they will not pay me another dime. Again, the lease does not expire until 2/28/13.

I want to file an amendment? I am concerned about getting notice to the tenants before they move. If the pay or quit is sent on the 4th and they move on 8/3/13 as they have stated stated that they will, I may not be able to get good service.

I suspect that they willl not come to court on 8/9/13. Do I need to do a reservation letter in order to get possession even though they have already moved? Is the Judge likely to give me a continuance so that I can tally the total losses? I live n Virginia.

Thank you for your question and thank you kindly for requesting me to assist you again.

I am a bit unclear as to why you feel you need a reservation letter, as you do not.
Once they move out with no intention of.returning, the premises become yours. Furthermore, if you included back rent requests in your initial petition, there is no need to amend.


Good luck!


Customer: replied 3 years ago.

I do not think that you understood what I was asking.


I was not asking about back rent. I am trying to find out what I need to do to get the rent that will be due for august before the judge when we go to court on 8/9/13. The unlawful detainer was for rent for 7/13. I want the judge to consider that they moved on 8/3/13 and did not pay rent for August and that they moved knowing that their lease did not expire until 2/28/14. I want to ask the court for the rent due for August. I know that I will have to take them back to court to get the money for the rent that I will loose until my house is rented.


I was asking what do I need to do to get the rent due for August 2013 before the court when I go there on 8/9/13.

Thank you for your follow-up, Virgina. You are correct, I did not quite understand and I am sorry for the confusion. Please allow me to respond again.

You DO NOT need to modify or amend anything in writing, while at the hearing you can state that the parties failed to pay anything since the complaint was filed and you are seeking a judgment for any rents owed to you at the time of judgment and beyond your complaint date. The courts are very aware of these types of situation, and especially if they fail to appear, can and will modify the judgment amount by default to also show the higher amount that may be owed to you.

Good luck.

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