Retaliation for Code Inspector...what will ultimatly happen?

[deadshane]

Here is our situation....

We have been living in our duplex for 4 years now. We've had problems in the past paying our full rent but have always had good communication with our landlords and they have never threatened to evict us. At this point in time we are completely up to date in our rental payments. Our lease is a renewable yearly lease that expires on June 30 every year.

We're quiet tenants and neighbors have never had cause to complain about us. Our landlords office has never informed us of any breaches of our lease.

We've had much trouble getting them out here to make repairs to this rather old home however. Two months ago, May 7, 2010 I delivered a hand written "laundry list" of repairs, some serious some not so serious, that needed to be done. Some of the serious issues included mold growing in the tub/ceiling, a broken toilet seat (i have a small child in the home) and integrity of outside doors. By the 1st of June we had recieved NO word from the office or maintanence on when they would be able to attend to these matters. They informed me that they were too busy over the past month. I paid my rent and left after they told me that they would try to get to it sometime in the coming month.

 

[deadshane]

June 28th the GF and I had still not heard anything from them. We were aggravated at this and decided to call Code Enforcement. They informed us that they could be out the next day (29th) to inspect our home at 10am.

Code Enforcement arrived at our home at 10am sharp, inspected, and informed us of many other REAL issues wrong with the home. Issues that the Landlord is responsible for. (improperly installed water heater, unlabeled breaker panal, ect.) She told us that we should look up our tenants rights and go thru the courts to get things done faster, but also said she would work from her end and send us a copy of her paperwork.

THAT AFTERNOON, the 29th of June (when our lease expires on the 30th) I had a knock at the door. It was the landlord hand delivering an envelope to me. It read...

 

[deadshane]

June 29th, 2010
NOTICE OF LEASE TERMINATION
We regret to inform you that the owner of 1217-b Gunn Hall Drive has chosen not to extend the lease ending on June 30th, 2010 for another year. Please see this as your thirty (30) day notice to vacate the property. This is the formal notice of the owner's intent not to renew your lease at the end of the specified term. The property must be vacated by July 30th, 2010.
Sincerely,
*illegible scribble*
Authorised Agent

 

[deadshane]

Outraged, I next contacted our Code Enforcement Agent. She again reminded us to get online and review our tenants rights for the state of Virginia. She said she could not give us legal advice but also said that it is illegal for the Landlord to take retaliation against us for calling her. At that time she also informed me of her protocol. Once called by a client/tenant, she sets up an appointment to look at/inspect the property in question, then before the inspection that morning she will CALL the landlord and inform them that she is coming out to inspect at our request....then the inspection shall be held.

She said she followed her protocol to the letter. The morning of the 29th, she called the landlord, and came out and inspected. Later that evening, the landlord informed us of their decision NOT to renew our lease...the lease that actually expires on the 30th or the next day. There is nothing anywhere in the lease saying that they can terminate our aggreement in this way. Furthermore, after talking to our Landlord, they've informed me that they expect rent for the month of July despite the fact that, I assume, we have no rental agreement. He also asked me what day I would be vacating the duplex so that they could put a sign up for rent in the front yard. When I asked him why we were not being renewed, he told me that the owner wanted to do renovations to the property.

 

[deadshane]

I've contacted a tenant/landlord attourney.

I paid my July rent to him. He is putting it into escrow on monday/tuesday. He has told me not to worry about the property. (I'm worried about a place to live for myself, GF, and 7yo child, I dont want to be put out on the street with nowhere to live)

He also states that the lease is one of the worst written ones he has seen.

He has told me that the landlord cannot tell me to "get out" at this late date in our lease. I assume that he meant that the landlord has to let us know 30 days before the lease is up that they plan not to renew. (we've never signed anything to renew...we simply go in and pay rent every month)

His first reaction to my story was that this was indeed retaliation for calling the code inspector. He again told me, as the inspector did, that this is illegal.

........................

Anyway, I've done everything the attourney has told me. I havent heard any more from my landlord but they dont know I'm seeking legal avenues. They still think I will be out on the 31st.

 

[deadshane]

I really doubt my ability to move on the 31st of this month and I'm concerned. I need another month at least to be financially ready to relocate and find another place to live. (this has been a harsh month for me financially) I dont want to see my family on the street with nohwere to go.

My question is pretty simple. Am I doing the right thing? Will I be safe here until I find another place in 2-3 months time? Obviously, I dont want to stay here any longer than I have to as my landlord will doubtless be looking to make my life miserable after any litigation or court is finished.

Thank you for any help/advice you can offer me here. I feel as I'm doing the right thing but I cannot help but be worried about my living arrangements as I have no family in the area to turn to. I dont want to pick my son up from daycare after work to find all of my belongings in the front yard.

Thank you.

 

[army judge]

Yes, even if the landlord prevails in court, the case will take about two months to wind it's way through the court process.

The landlord can't evict you.
He can only ask you to leave.
If you choose not to leave, only a court can evict you.

But, even if you aren't evicted, you'll still have a black mark against your name indicating that an eviction action was brought against you.

That may make it hard for you to get another rental.

So, you must begin your search for new digs very soon.

Be advised, your current slumlord is probably going to make things difficult for you.

Keep your attorney apprised of your progress. He may have some leads for you to pursue. Ask him!

Your stuff won't be on the curb.
Your attorney will prevent that from occurring.

You are on a lease.
It will become a constructive lease, once the present one expires.
It is a creature of state statute.
It us known as a month-to-month tenancy or a tenancy at will.
Google it in your state to learn your rights.

As you have retained your own attorney, it is best to follow his advice.

Other people will only cause confusion.

Good luck and make the best decision for you and your family.




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