Legal Question in Landlord & Tenant Law in Virginia

I signed a lease to rent a home. The home had mold growing but landlord said he would fix. Two weeks prior to moving in, I went to house to make sure it was cleaned, mold was removed, etc. No work done except the lawn was mowed. I phoned the landlord to ask what was going on - I was already packed, hired a mover, etc and yet the house was not ready to move in. Response from landlord was he had an emergency. I stated I could not move into a home with mold and that it might be better if the landlord returned my security deposit and voided the lease. No reply. I called the city inspector - specifically for rental properties. House failed inspection for mold as well as missing smoke detectors, chipping/peeling paint, no screens, etc. I emailed landlord that day, as there was someone in the home cleaning it, told the landlord I was happy to see someone cleaning and that I had called the city inspector to protect myself and family due to the mold issue (I have 8 yr old twins). Landlord told me to move elsewhere, I asked for my security deposit back ($1,250) and received no response. This was on 9.11.09. I filed in court to get my money back, court date is 10.16, next week. Today, landlord emails me - yes, you can have your money back - I replied that I would be going to court claiming retailiation and that I also wanted court fees and interest on the money, I told him if he wanted to offer a settlement, I would consider it; landlord - no, I don't have your money, you gave check to my "very estranged wife" and she won't give it back (the "wife" was at the house with the landlord, lives next door). I replied that I would wait for court. Again, landlord states he does not have any money and can't pay me. States I never paid him anything, only paid his wife. My response is still the same - see you in court. Last email is very harsh - first that I don't use proper english (?), that I threatened him (calling the inspector), that I called the inspector because I wanted to have the house condemed, that I am hateful, this is all a gamble on my part, I may not get my security deposit back, save trouble by just taking his $1,250 instead of going to court and looking foolish.

How do I get this guy to stop emailing & texting me? This is very upsetting. Can I get him for harrassment too? He is starting to scare me now.

thanks


Asked on 10/08/09, 12:44 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Take the $1250, if you can get it before court, and forget about the other charges (retaliation, harassment, etc.)

If not, then show up to court with your emails, text messages,and other evidence and ask for your $1250 and whatever else the court will give you.

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Answered on 10/15/09, 3:13 pm


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