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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37019
Experience:  Attorney over 16 years, landlord 26 years
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I have a lanlord that is theating to kick us out of our

Customer Question

I have a lanlord that is theating to kick us out of our apartment using section 55-25 and 55-248.31 code of Virginia. The apartment was rented to me by a friend, who he co-owned the property, the friend sold to him. The rent rates changed and I am behind a couple of payment because of that.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: I have a problem keep a job due to a felony on my record which causes me a problem. The only offense I ever had. Have had no problems before and after. Tried to work with him but all they want is more money.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No, terms, no agreement, no lease.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That is all I have.
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Did you say you are currently behind on the rent?

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What is your legal question I can help with tonight?

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thanks

Barrister

Customer: replied 9 months ago.
I am behind on my rent but I have been paying monthly the regulare amount. My landlord wants extra to make up the what I am behind but I don't have the money to do it. I have taken out 2 payday loan previously to get money to him which is now cause me to pay an extra 300 a month. He left a letter on the door stating section 55-25 and 55-248.31. if I don't pay him an extra 400 by the end of the week, he is going to start proceedings. I am unable to move because my credit is so bad and I can't keep a steady job because I have felony. I went from a government job making 120 thousand a year. The government screwed me and got a felony conviction, only thing in my whole life, and now I can;t keep a steady income.
Customer: replied 9 months ago.
I don't have the money to call or pay any more. I gave all I had for the last rent payment and I had to borrow that.
Customer: replied 9 months ago.
I do not have a lease, it is month to month. No written anything.
Expert:  barristerinky replied 9 months ago.

Ok, thank you for that information... But I am still not sure what your question is...

Are you asking if the landlord can evict you? how long that takes? What the process is? if there is anything you can do to slow it down?

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thanks

Barrister

Customer: replied 9 months ago.
Can he kick me out in five days. The notice is " Five Day Notice To Pay Or Quit". What are my options.
Expert:  barristerinky replied 9 months ago.

Can he kick me out in five days. The notice is " Five Day Notice To Pay Or Quit". What are my options.

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No, he can't. That is just the statutory notice he has to give you before he can then file a formal eviction action in court. If you can't pay everything in that 5 days, or negotiate something with the landlord, then he can then file a formal eviction action in court to get a judgment and a writ that the sheriff will then execute to physically force you to move out.

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That takes about 3-4 weeks after the 5 day notice expires depending on the court's and the sheriff's schedules.

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But the only way to slow down the process for a while would be to file bankruptcy. That would give you a 2-3 month automatic stay from any creditor action, including any eviction. It is a temporary stop, but it would buy you some time.

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thanks

Barrister

Customer: replied 9 months ago.
I quess I can look into that but again, it takes money which is my problem. I don't have it and I have just about exhausted everything to stay in the rat hole I am in. Again, the place is a rat hole but it is all I can afford due to the situation. I am a Network Engineer / LAN Technician Manager. I can't get or keep a job due to this felony.
Customer: replied 9 months ago.
He knows my situation, explained it to him but that does not matter.
Expert:  barristerinky replied 9 months ago.

The filing fees are not that steep and you can even ask for a waiver of the filing fees if you don't have the money.

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But I would think that with your expertise, you would be in high demand...even with some negative info on your background..

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Did you have any other questions I can help with tonight?

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thanks

Barrister

Customer: replied 9 months ago.
Negative, I do not. You are right The job is in high demand but in this area a clearance is required and mine expired in 2012 and no body want to pay to reinvestigate, only want some who has an active clearance. So that kill 3/4 of my job ventures. Anyway, I will check into the backruptsy and thanks for the information.
Expert:  barristerinky replied 9 months ago.

You are very welcome. Glad to help even though the news was kind of lousy.. Might be time to do some research into where your skills are in high demand and consider a move to someplace where your background isn't as damaging...

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All the best to you and yours.

Barrister

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