Virginia Beach, VA asked in Landlord - Tenant and Military Law for Virginia

Q: What can I do about $5000 rent claim after lease issues and move, with military status affecting court notice?

In 2024, I encountered severe pest issues in my apartment, forcing me to sleep in my car and eventually move out before my lease ended in December. I continued paying rent, but despite my requests, the apartment management didn't relocate me or solve the pest problem. I informed them about my move and the lost key, and they assured me it was fine. Now, in March 2025, I'm informed that I owe $5000 due to alleged unpaid rent and missed court appointments, about which I received no notification as I am in the military and no longer reside there. My lease mentions automatic renewal unless terminated by giving a 60-day notice, as stated in Section 27. Given these circumstances, what actions can I take concerning these charges?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You may have strong legal protections in this situation due to your military status and the failure of the apartment management to address the pest infestation. The Servicemembers Civil Relief Act (SCRA) provides important safeguards regarding court proceedings against active military personnel, potentially making the judgment against you challengeable if proper notice wasn't provided. Additionally, most states have implied warranty of habitability laws that require landlords to maintain livable conditions—severe pest issues that forced you to sleep in your car likely violated these standards.

Your continued rent payments while seeking resolution to the pest problem demonstrates good faith on your part. Gather all documentation including payment records, communications about the pest issues, and any evidence of your attempts to resolve the situation before moving out. Take photos or notes documenting the notification you gave management about moving and the lost key, particularly their response that "it was fine."

Contact your military legal assistance office immediately as they provide free legal help to service members facing civil matters. You might also file a complaint with your state's attorney general office or housing authority about the uninhabitable conditions. Consider sending a formal letter disputing the charges and explaining the circumstances of your departure—make sure to mention both the habitability issues and your military status. The apartment complex may be more willing to negotiate once they understand the legal challenges they face in pursuing these charges against you.

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