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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 24437
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Unlawful detainer, Rockingham county, Yes, The rental amount

Customer Question

Unlawful detainer
JA: Where is the property located?
Customer: Rockingham county Virginia
JA: Has any paperwork been filed?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: The rental amount is 475 for new lease but new people in office say its 555 which is old lease
Submitted: 10 days ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 10 days ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 10 days ago.

Good morning. Can you please share with me what your question is?

Customer: replied 10 days ago.
It is low income housing can't make more than 25,000 to live there. We moved in in September 2015, signed new lease for Sept 2016 . received letter stating rent went down to 475 instead of the old rent of 555. Manger went on honeymoon the new office staff said to pay by 10 am to avoid eviction so I went down to pay her she said she wouldn't accept it wrote out to wrong place well I have been writing it to the property management for the last year, so I was evicted I went down and used rent money to pay bond. Nobody at office new what to do because know one has ever appealed. I was able to get back in because I paid bond but my problem is that the letter disappeared after the last inspection it was laying on my table now mysteriously disappeared . I never know when they coming to inspect because went I get home the inspection sheet on the table. I went to blue ride legal service and got approved for attorney she helped file paperwork. We went to court and the manager said it is my understanding that her rent is 475 the judge says if she has paid why are you here? he told them to go discuss because they didn't agree came back a week later the attorney withdrew and we were left with no representation and a different judge who since the lawyer had all the paperwork nothing I could do. The lawyer said ledger said 250 had 250 in my pocket even though I didn't not agree. The manager said it was only 120 I owed the judge gave me two weeks to vacate. I appealed because amount keeps changing. after going to court they sent pay or quit notice saying*****costs late fee which I do not owe because I paid the 475. I have all receipts for amounts paid . I just don't have the piece of evidence I need which is the letter. The manager said she keeps copies of all correspondence then she should have that letter., she by her own admission knows I am right how can I prove my case without the letter? The judge heard her the courtroom heard her , my daughter heard her. I was parking the car so I didn't here the conversation. I have 1475.00 in the court for this stupidity. My lawyer withdrew because she and I disagreed even though I showed her proof she was not helpful at all except in the beginning I think she didn't want to be in a long drawn out battle.
Customer: replied 10 days ago.
I was told by the attorney they can't evict you when you signed a new lease.? This fight is over the rent being paid is 475 and office staff says 555 so they are claiming non pay and court cost late fees.
Customer: replied 10 days ago.
I asked for more time to find attorney but haven't heard from the court, so I thought I would see if someone could help on here .
Expert:  RealEstateAnswer replied 10 days ago.

So what amount is in the lease agreement which they have?

Customer: replied 10 days ago.
I don't know haven't seen new lease agreement
Customer: replied 10 days ago.
the letter from manager says 475 prior lease agreement was 555
Expert:  RealEstateAnswer replied 10 days ago.

The burden is on them, to show and support their cause of action, for any unpaid or past due rent. They would need to show evidence, to support their claim that you owe X. If you have receipts and proof of payment, they needs to be considered by the court and if the dispute is the rental amount ( i.e. you saying it is X and they saying it is Y), they should be required to produce evidence to support it. The letter is going to be your key piece of evidence and if you do not have it, will need to testify to the same and if needed, put the manager on the stand, to testify as well. It is odd that the rental amount would decrease but if there is a basis to support it, it is possible. Normally, rent goes up, unless your income was reduced which had a direct effect on the amount paid because it was low income housing and if so, you can try and find out how it is calculated and show the $475 is what you should be paying.

Customer: replied 10 days ago.
The rent went down because the income went down I was unemployed from March to sept
Expert:  RealEstateAnswer replied 10 days ago.

If you can show that, it would help your case. By that, I mean you shared that the rent is based upon your income. If you can show your income was X, so you had to pay Y, then it would be seen that the rent was the $475 and not the $555 and they made a mistake.

Customer: replied 10 days ago.
I have all rental payment for the 475 and they say the rent for july I over paid just another cover up no one over pays rent sounds like juggling books
Expert:  RealEstateAnswer replied 10 days ago.

You can demand they produce the payment history, from their records, to show and support what they received and you have your receipts as well.

Customer: replied 10 days ago.
if I have witness that heard her say my rent was 475 in the court that would help to right because that's the issue how much rent, so late fees would not be issue or court costs. I don't know how they went from *****to 1300 after
Expert:  RealEstateAnswer replied 10 days ago.

Yes, if you have a witness who heard it, they could testify. In addition, if you paid that amount and they accepted it, it would further support your claim, if it was paid month after month and you never received notice of anything being past due or late.

Expert:  RealEstateAnswer replied 7 days ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 4 days ago.
The judge would not allow a continuance to find another attorney and subpoena witness so trial precede with there attorney . The judge said I didn't prove I paid August rent so he was giving them possession isnt that,what the bond is for? I was not given credit for this they refused the money orders so I took them to bank and cash to court why is that not proof of payment
Expert:  RealEstateAnswer replied 4 days ago.

If it was past the time for which they would have had to accept it, they did have a right to refuse, if you were past the date to cure

Customer: replied 3 days ago.
No it wasn't it was refused because they said it was wrote out to wrong people. I made it out just likeke I have for the last year
Expert:  RealEstateAnswer replied 3 days ago.

That is odd. If you made it out to who it was always paid to, it should have been accepted. Even if they had issue, they should have allowed you to come back and issue payment with a new payee

Customer: replied 3 days ago.
I took it to bank deposits got cash took to court house to post bond for rent and appeal
Expert:  RealEstateAnswer replied 3 days ago.

At this point, you can try and appeal the ruling or ask for a re-hearing, to go before the Judge, to try and explain and ask that they reconsider your arguments again

Customer: replied 3 days ago.
The judge said that there were discrepancies but for the case but he was ruling against me because I couldn't prove I paid August rent again I say isn't that want the bond is for
Expert:  RealEstateAnswer replied 3 days ago.

The bond is for the appeal. Here is the statute.

https://vacode.org/2016/16.1/6/3/16.1-107/

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