Q: If we vacate a Virginia rental before UDL first return date, is it dismissed? Or better to dispute due to unsafe home?
No attorney; my daughter and I are co-tenants. We are now in the final month of the lease, and can safely afford to not renew the 12 month lease and move out.---> Multiple code violations have continued throughout our 2 year tenancy. A UDL was filed in October 2019. Our attorney for that case submitted our grounds for defense resulting in a UDL non-suit request in December. A demand letter was issued and ignored. We withheld rent since February to put into escrow through remainder of lease in defense of any UDL in the hopes of forcing repairs. The judicial emergency happened. The landlord has filed another UDL. They filed in June; non-suit judgment entered in July. Court date is in 2 weeks. Our previous attorney is not on this new case.---> The landlord has shown a pattern of fraud and we intend to file a complaint with the attorney general after we vacate and sue for damages in circuit court. ---> Which is best, vacate and inform the court? Or vacate and dispute? Thank you. peace
A: As you stated that you have an attorney, you should seek advice and counsel from your current attorney. I must decline a response since you are current represented by counsel.
1 user found this answer helpful
A:
ALWAYS appear in court when you are sued - the U/Detainer will show up on your rental record for 10 years and many landlords won't rent to anyone who has been sued for rent. If you don't show up the landlord will get a (undeserved) default judgment against you and mess up your credit.
As Mr. Malouf said, go back to the lawyer who helped last fall.
1 user found this answer helpful
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