Legal Question in Civil Litigation in Virginia

Hello,

My landlord asked me to move from his house because I was late on the rent twice, like 10 days. (Both times due to a roomates bounced checks!!- that guy!!) I had signed a 1 year lease and was naturally reluctant to move. They sent me a few letters, not certified, and I did not sign them. I then started to look for, and found, new place. At this point they were constantly harrassing me with yelling threats and insults (though rent was paid and the house and yard were as clean as they always were.) I informed them that I was going to move in 40 days. At that point i was 10 days past due for rent and I then payed them. An argument insued over owing the last months rent. (Due to their behavior I did not think that I would ever see my deposit of $2100 and just wanted to trade it for the last months rent) then the guy punches me. So i call the cops. The cops then charged him with assault. I moved out. I vacuumed and cleaned the place ok. I did leave some stuff; a bed, a couch. They naturally kept my deposit. I later went to court and out of some weird case of kindness I dropped the charges. He didn't hurt me that bad, even though he did split my lip open. Anyway, fast forward 32 months, this guy is now suing me for $4950. Saying that I owe him for 2 months rent and for "destroying the house". I know not paying the last month was wrong, but they had my secruity deposit and I had come to realize that the guy was kinda crazy. I figured it was a fair trade..! What on earth can I do? I am now getting my bank records to show payment of rent, but a few times (3 or so) I payed with cash. And I did not get a receipt every time. And the receipts I did get I dont still have. What can I do? Isn't it true that the burden of proof is on him? And that I dont even need to show bank records (since they wont help anyway)?

3 hours ago - 4 days left to answer.

Last Additional Details

- What is a judge inclined to do in cases of cash payments without receipts? Some of my rent checks have partial amounts because the rest was in cash..

52 minutes ago

-Also the plaintiff sent me the 'warrant in debt' by personal mail from his house. Not certified. Should I even show up to court? Isn't certified mail required?


Asked on 2/04/10, 6:58 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

You could lose your case as a defendant in the unpaid rent case if you cannot

offer any proof other than your sworn word that you paid cash for these two months at issue. Furthermore, you will also need to offer some credible proof

that at the time you vacated the premises, that it was in decent shape.

However, if, unfortunately, you cannot offer any credible defense(s) to your former landlord's claims, you might want to consider filing a counterclaim against this "Hard Nuckles" for assault & battery against your person for your civil damages that would include whatever medical bills you may have incurred as well as your pain and suffering from the attack which should be worth at least $4950 or so(if not more).

As for the mailing of a copy of the warrant, this is SOP for these cases, as

a Sheriff's deputy will undoubtedly appear at your door before too

much longer to either serve the warrant in person or post it on your door

if you're not at home when he comes by as required by the lawful procedures which govern such matters in the Commonwealth.

Read more
Answered on 2/09/10, 7:25 pm


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