Eviction - Conflicting amount due in rent - Pay or Quit vs Summons?

[realestate1]

Loudoun county VA. I was served a "pay or quit" notice with the amount stated as due in back rent is well over 15,000. Today I received a "summons for unlawful detainer" with the amount due at 15,000 even. If these amounts conflict, is the landlord required to reissue a new "pay or quit" notice with the revised amount? Can a landlord change the amount simply to avoid a longer wait in general district court versus civil court. I'm not sure what my rights are and of course I'm pretty scared right now. Single mom in Loudoun.

 

[Gail_in_Georgia]

Your landlord has decided to go ahead and sue you for the amount legally allowed in the Circuit Court in Virginia.

Do you owe this large amount of rent?

Gail

 

[realestate1]

Your landlord has decided to go ahead and sue you for the amount legally allowed in the Circuit Court in Virginia.

Do you owe this large amount of rent?

Gail

Thank you, Gail, for your inpput. My question, really, is whether or not a new notice needs to be issued when the amount in question changes. I have never received an itemized summary from my landlord supporting his claims of what is due. I'm not sure what my rights are or how to proceed. Legal services of No. VA are never quick on returning calls and I can't afford an attorney. It's probably in my best interest to hit the law library. Thanks again.

 

[Gail_in_Georgia]

No; a new notice does not need to be issued when the amount in question changes.

Because some time must pass between the initial Pay or Quit notice (giving a tenant a certain number of days to remedy the situation), the summons for unlawful detainer/dispossessory affidavit/notice of eviction (the terminology varies from state to state) may actually be higher, reflecting additional rent owed as time passes. In your case, it is lower so that the landlord can have this case heard in the Circuit Court system in Virginia.

Your notice should list the date and time of the court hearing. Attached are steps that a landlord must go through to evict someone in Virginia:

http://www.rentlaw.com/eviction/vaqa.htm

The Circuit Court system in Virginia does not require that one have an attorney; you can if you wish but you can also waive your rights to have one and represent yourself.

What it sounds like from your posting is that your landlord is attempting to have you evicted (removed from his/her property) for owing $15,000. That's quite a bit of money.

Gail

 

[realestate1]

Yes, it is a lot of money. I do have my reservations about this balance.

My landlord has agreed to work with me over the last 2 years. I have been a long time tenant at my current address with a flawless payment history until the economy hit the skids in 2008. As a real estate agent, my business was nonexistent. I have since retrained to do short sales and REO sales and I'm now certified. Also, during this time, I've also been dealing with aging parents out of state.

I have attempted to move twice during the last 2 years and my landlord has encouraged me to stay by reducing the rent and even allowing large periods of time to get caught up. There was a period in which my landlord said he would waive portions of the back rent but I did not get this in writing. Over this 2 year period, the landlord has sent many conflicting messages. Stay, go, stay, go. Rent has been paid during this time, just not in full or consistently.

In August, I lost my mother and had to put my stepfather in a nursing home. I was out of town for 3 weeks dealing with these issues. When I returned, my landlord suddenly decided that was it?? 30 days to be gone. I tried to ask why now? The need to be out of town & out of the office, unfortunetly, is no longer an issue. He has given me such latitude in the past, now that I need it the most, no go? I'm just a bit baffled. I was hoping that there would be a way to allow approx. 45 days to get some deals set up and on there way to closing.

You didn't ask for all this, I know. I'm embarrassed and feel the need to explain, of course. Thanks again for your advice and your ear.