Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
First, you're right. At this point, the OP has not sustained any damages. So, there is no case at this point. Hence, my advice to stand up to the bully and tell her that IF she wants to send the matter to her supposed legal department, to tell her you'd be happy to see her in court.
The idea is to AVOID court. But, to let them know you'll be happy to point out to a judge that THEY haven't sustained any damages that they can legally sue the OP for.
To your second question, you are assuming then that the OP does get wrongfully evicted. Now, how likely is that?
You're looking for a problem that doesn't exist. You wouldn't have to explain to any future landlord that you were wrongfully evicted, because that's not going to happen. Any judge, even if they were just a pro tem judge who is "only" a lawyer serving in small claims court part-time, will know contract law. And this case is a very simple case about contract law that is very clear - the OP has a valid contract and can't be evicted simply because the real estate agent and owner screwed up regarding knowing the HOA rules.
So, your questions are much ado about nothing.
Guess what’s public record? Every time youve been party to an eviction case.
Want to know what happens when you’re listed as the defendant - even if you win? Landlords will move on to the next applicant.
Guess what’s public record? Every time youve been party to an eviction case.
Want to know what happens when you’re listed as the defendant - even if you win? Landlords will move on to the next applicant.
They would be total idiots, morons and fools to even think of trying to evict in this situation if everything the OP states is true. THEY made all the mistakes, the OP made none. PLUS the OP is only there for 3 months anyway so, to go through all of that hassle, time, money and virtually no chance of ever winning would be beyond stupid. And if that RE agent, LL and HOA can't figure that out then they are in a boat-load of trouble.
If anyone should be doing anything or going after anyone and have any chance of winning a case it would be the HOA going after the owner/LL and the RE agent because they are the only ones in the wrong here. Evicting the OP will get them nothing but s*** in one hand and a wish in the other. Utter nonsense.
The RE agent is only trying to back pedal by bullying the OP and using scare tactics so they end up moving and they can void the lease and then get someone else in there for a full year lease. OP just needs to stick to their guns, call their bluff and let them know to back off and stop bullying and harassing them or she/he will see them in court. If OP can get a legal consult for free or reasonable to review their situation and advise them soon, then so be it.
They would be total idiots, morons and fools to even think of trying to evict in this situation if everything the OP states is true. THEY made all the mistakes, the OP made none. PLUS the OP is only there for 3 months anyway so, to go through all of that hassle, time, money and virtually no chance of ever winning would be beyond stupid. And if that RE agent, LL and HOA can't figure that out then they are in a boat-load of trouble.
If anyone should be doing anything or going after anyone and have any chance of winning a case it would be the HOA going after the owner/LL and the RE agent because they are the only ones in the wrong here. Evicting the OP will get them nothing but s*** in one hand and a wish in the other. Utter nonsense.
The RE agent is only trying to back pedal by bullying the OP and using scare tactics so they end up moving and they can void the lease and then get someone else in there for a full year lease. OP just needs to stick to their guns, call their bluff and let them know to back off and stop bullying and harassing them or she/he will see them in court. If OP can get a legal consult for free or reasonable to review their situation and advise them soon, then so be it.
Yeah, but perhaps you haven't been paying much attention in this thread. There has to be reason to evict and in VA there are two reasons to evict a tenant: 1) failure to pay rent; and/or 2) failure to comply with the obligations under the lease.
They can not evict a tenant for something that was not in the lease agreement nor was the tenant ever even aware of when signing the lease.
So, let me repeat, the OP has not violated any terms of their lease agreement which clearly means that there are no grounds for them to evict which therefore means that they can't even file for an eviction either so then therefore it would never end up on their record. And I am sure that the RE agent knows this and is exactly why they are using the bullying and scare tactics. It is out of total desperation and panic because they know they have nothing else and they are grasping for straws here.
The only people who violated anything was the LL/owner and RE agent with the HOA, period. And I am sure it sucks to be them right now.
Yeah, but perhaps you haven't been paying much attention in this thread. There has to be reason to evict and in VA there are two reasons to evict a tenant: 1) failure to pay rent; and/or 2) failure to comply with the obligations under the lease.
They can not evict a tenant for something that was not in the lease agreement nor was the tenant ever even aware of when signing the lease.
So, let me repeat, the OP has not violated any terms of their lease agreement which clearly means that there are no grounds for them to evict which therefore means that they can't even file for an eviction either so then therefore it would never end up on their record. And I am sure that the RE agent knows this and is exactly why they are using the bullying and scare tactics. It is out of total desperation and panic because they know they have nothing else and they are grasping for straws here.
The only people who violated anything was the LL/owner and RE agent with the HOA, period. And I am sure it sucks to be them right now.
Can you refer me to the post where the OP posted their lease? I must have missed it but you've apparently read it since you are discussing in detail what it says.
Can you refer me to the post where the OP posted their lease? I must have missed it but you've apparently read it since you are discussing in detail what it says.
I have repeated a time or 2 now in my posts something in the line of "that if what the OP says is true and/or if we have all of the facts" for clarification on what I have said, which means that if the OP missed telling us something that they would clarify otherwise I will stick with what I have said until they do.
Or, are what you trying to say is that the OP's lease may have possibly stated that it was a 3 month term lease however somewhere else in the lease it also stated that the HOA requires only annual leases, or something along that line? If so, then that would be rather ambiguous don't you think?
Last edited by Corn-fused; 06-03-2018 at 10:02 PM..
Yeah, but perhaps you haven't been paying much attention in this thread. There has to be reason to evict and in VA there are two reasons to evict a tenant: 1) failure to pay rent; and/or 2) failure to comply with the obligations under the lease.
They can not evict a tenant for something that was not in the lease agreement nor was the tenant ever even aware of when signing the lease.
So, let me repeat, the OP has not violated any terms of their lease agreement which clearly means that there are no grounds for them to evict which therefore means that they can't even file for an eviction either so then therefore it would never end up on their record. And I am sure that the RE agent knows this and is exactly why they are using the bullying and scare tactics. It is out of total desperation and panic because they know they have nothing else and they are grasping for straws here.
The only people who violated anything was the LL/owner and RE agent with the HOA, period. And I am sure it sucks to be them right now.
Which is exactly why I said originally to seek counsel that can assist with putting that same concept on paper, and let the LL and REA know that you’re playing hardball. Perhaps you should have paid attention?
I have repeated a time or 2 now in my posts something in the line of "that if what the OP says is true and/or if we have all of the facts" for clarification on what I have said, which means that if the OP missed telling us something that they would clarify otherwise I will stick with what I have said until they do.
Or, are what you trying to say is that the OP's lease may have possibly stated that it was a 3 month term lease however somewhere else in the lease it also stated that the HOA requires only annual leases, or something along that line? If so, then that would be rather ambiguous don't you think?
What if it contains “subject to HOA approval” that’s why the free legal sources cited pages ago would be great resources for the vanishing OP.
What if it contains “subject to HOA approval” that’s why the free legal sources cited pages ago would be great resources for the vanishing OP.
Then I highly doubt (IMOO) they would have all signed and handed the OP the the keys and let the whole situation progress this far into the actual move-in process nor would the OP have agreed to move in/let themselves get this far. I would think that what you are referring to would be at the application stage, not the actual lease signing and after they have moved in.
But, what if, what if, what if....
And, FYI - I have never stated anywhere that the OP should not seek legal advice so I have no idea why you keep bringing that up. The OP is perfectly free to do so however, it is not always absolutely necessary either. There are many people who can read a contract just fine, figure things out and can handle fighting these situations themselves, if they so choose.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
If so, then that would be rather ambiguous don't you think?
