Legal Question in Landlord & Tenant Law in Virginia

No lease, no legal ties??

Myself and this other girl rented rooms from this guy. He told me that there was going to be a lease but never provided one. Never stated any rules if we decided to move out or anything. He started getting really controlling and the other girl burnt the carpet so he told her she had 30 days to move out then 2 days later he said she had to the end of the week. We decided we didn't want to live in these conditions and both left. Now he is harrassing me at work telling me he is putting warrants out for us and that he is going to get me fired and that we damaged his property. The only damage was the burn by the other girl. He has a balcony that was damaged in the hurricane and is trying to say we did that when it was damaged before we moved in. I just want to know, since we had no lease , what are my rights and can he take me to court for damages she caused? Plus he is harrassing me at my job and calling other people I know & harrassing them as well.


Asked on 4/08/04, 12:20 pm

3 Answers from Attorneys

Brian Miller Brian M. Miller, Attorney at Law

Re: No lease, no legal ties??

So, according to your question, you had an oral

lease and you and the girl have vacated the property.

At this point the landlord has the option to sue

either of you for any damage you and/or she caused to his property.

He would file such a civil (not criminal) action in the Small Claims or General District

Court and would have to prove his claim. He does not have the

right to harass you and your employer and friends. I suggest that you

call the police if this continues and ask them

what you should do.

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Answered on 4/08/04, 12:26 pm
Jonathon Moseley Jonathon A. Moseley

Re: No lease, no legal ties??

Your situation raises quite a number of issues and I am not sure about all of them. For example, you shoul probably talk to the phone company and perhaps even the local Sheriff's office on the harassing phone calls AFTER you specficially tell him to stop or else you will take action.

On the question of your having no lease, do you have any cancelled checks by which you can prove that he accepted your right to be there?

Also, because there is no lease, you may not be responsible at all for the damage. If you have checks proving that you paid, but there is no lease spelling out that damage is your responsbility, it might be seen as simply normal wear and tear and the landlord took that risk by renting the rooms. Finally, of course, there is no criminal issue here *IF* you can prove (such as by canceled checks) that you had a right to be there.

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Answered on 4/08/04, 1:27 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: No lease, no legal ties??

I doubt that either you or your girlfriend has much to be worried about "from this guy".

If he persists with his harassing and/or threatening phone calls, these should be reported first to the appropriate telephone authorities who

will investigate and then advise you as to whether these matters should be reported to local law enforcement authorities. It could well be that

this person has already (or will) cross the line into conduct that constitutes criminal behaviour.

As far as this blowhard threatening to take either one or both of you to court, he's blowin' smoke as he clearly has what the law considers "dirty hands"(due to his harassing phone conduct)and it's unlikely that he would be very eager to explain all of these matters before a judge even though technically they may be legally separate issues.

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Answered on 4/08/04, 7:55 pm


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