I need help with eviction notice i got (Roanoke, Salem: apartment, renter)

[keithpotz]

So here is the story:

In may I moved in with my fiance into her aunts upstairs of her two story home. The agreement was that we would pay 400 a month plus utilities. I have lost work and have been unable to find consistent work. So as you would guess I haven't been able to pay the bills. So her aunt the other day blew up on us and started yelling cussing etc. She told us that we were being evicted and that we would get a notice. I got my notice today, and she is still being mean to us (yes this is unrelated just figured you needed to know what is going on). She is convinced that we are low life crap and amount to nothing etc. We also had another person living with us that was on her agreement. He would pay 400 a month as well and pitch in with us when we couldn't make ends meet. Well we had a falling out and he moved downstairs to be with her. She is now threatening to go to the court and tell them that we forced him out of the upstairs and that she is going to file a complaint with the courts. Now i know that with a verbal agreement it makes it a month to month agreement and by us not paying it makes it null and void. I also know that we have the right to 30 days before we have to leave aka a eviction notice. Now she is threatening to not pay any of the bills so that the water and electricity get shut off. I know that she can't do that can she?? what are my rights here? do I even have any even if I haven't payed her??? we get mail here and we have lived here for six months and I have a key to the place. Can she make us leave any earlier then the 30 day notice?? and doesn't she have to keep the lights and water running? I mean we have two little ones that would be pretty messed up if she shut it off. With our eviction notice we also have a Five day notice to pay. However she didn't sign it and it is dated for two days ago. Is it still legal??? and the eviction notice date isn't filled in. Any advice here??? I know I did wrong for not paying her and I wasn't trying to screw her when we moved in it's a hard economy.

And part of this is a friend of mine and myself worked on her truck because she is moving to Florida there was some fluid that was left in a hold in the door of her truck that wasn't from us. She is now saying that if her truck is ****ed up she is taking me to court and putting my ass in jail. I am not a mechanic nor did i ever give her the impression that i was. What are my rights here?? or any advice???



I appreciate your time and advice and I hope to hear from you guys on your advice and opinions!

I also forgot to add that she used TReXGlobal.com for the eviction notice. Is this legal??? It's self help right??? I thought in the commonwealth that you couldn't use self help evictions

[LynchburgLover]

Call a lawyer.

[CSD610]

You need an attorney who deals with eviction notices, it is doubtful anyone on this public forum can truly help you. If you cannot afford an attorney go to Legal Aid and contact the housing authority for you city or state and find out where the information you seek is located.

[roanoker 4]

For what it is worth, I know you as a renter have rights. I own an apartment that is rented and I know from experience it is very difficult to remove someone when they don't pay their rent. I have noticed in Salem anyway the local law favors the renter over the landlord. Good Luck in your situation. I would go the Roanoke courthouse and I am sure someone can explain the law. If you hire a lawyer they will charge you more than the rent many times over!! Good Luck. It doesn't sound like the aunt is very nice. Ouch!

[Aspe4]

Here's the Virginia Code regarding landlord/tenant law: LIS > Code of Virginia

I would cosign with another poster who said to call legal aid. If I recall, they deal with critical "life" issues such as landlord/tenant problems. Though they won't represent you on every civil issue you may have. Good luck.

[badger74]

If you have not paid rent you have no right to any additional time in the unit as your lease is voided. Eviction will be as fast as they can do the paperwork.

[dambler1]

I agree with Aspe4, look at the Virginia code and see what the law says, I think it will take more than 30 days for eviction, but then again I am not an attorney, that is why I usually look at the Virginia code, and forget about asking the court house for info., half of those people down there don't even know the laws themselves and will refer you to an attorney which will charge you an arm and a leg, for what you may be able to find out yourself while reading the Virginia code. That is what the law has to go by is the Virginia code, and that is what attorneys look at to see what the law is. Save yourself some money.

[Charlesaf3]

Virginia is a fast eviction state. Don't pay, you have to leave. Fair enough, I don't have much sympathy for people wh want other peoples stuff, but don't want to pay for it.

[mymountainhome]

Sounds like an episode of Judge Judy- Go seek help at Legal Aid or Local Courts