Legal Question in Landlord & Tenant Law in Virginia

Embarassing notice posted on front door

I am a resident of an apartment complex in alexandria, virginia and my landlord posted a notice on the front door of my unit on neon pink paper which stated ''EVICTION PROCEEDINGS ARE IN PROCESS....PAY YOUR RENT NOW!'' I was wondering isn't this as invasion of privacy? Is she allowed to post information regarding and court preeceding currently against me on my front door for anyone to see? My second question is that my rent is not in fact late and that I have a copy of the check with the date that I took it into the rental office, this is the second time I have paid my rent and still been filed on in court, the management in the office is very disorganized and keep terrible records, what can I do about the fact that they keep filing on me in court with proper cause.

Thanks so much for your time! I await your response.


Asked on 7/19/05, 8:09 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Embarassing notice posted on front door

It is a normal procedure under the law to post legal notices such as this on your door, although normally they are not something that can be read by passers-by. Usually these documents are in sealed envelopes or something that cannot easily be read.

There are no obvious laws that this violates. It is not a violation of privacy, becuase they are the landlord and own the property. You are only renting.

I suppose you might be able to sue them for defamation. But I don't know what your damages

woudl be in this situation, how you could prove that you had lost anything. But you could try it.

In terms of them filing suit falsely, I would

assume that there is an attorney who filed the

lawsuit. You should send copies of the check

to the attorney and demand that they drop the

legal action, or you will ask for sanctiosn

under Va. Code 8.01-271.1.

If in fact they do not drop it, and you have

to take time to go to court, ask the judge to

sanction them for filing a false lawsuit under

8.01-271.1, especially if it is not the first

time. Explain to the judge that you have paid,

bring proof, and that you had to take time to

come in and oppose a frivolous lawsuit. Ask

for your time appearing in court as sanctions

against them.

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Answered on 7/21/05, 12:20 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Embarassing notice posted on front door

"They keep filing on me in court with(sic)proper cause." I assume that you mean without rather than with---proper cause.

Unfortunately, without more of the facts relevant to this particular situation, it would be difficult to answer your question.

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Answered on 7/19/05, 10:58 pm


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