I live in Va. I received a hand written “pay or quit” notice yesterday stuck in my door. This notice claims that we owe for May and June’s rent.

UPDATED: Jun 2, 2009

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I live in Va. I received a hand written “pay or quit” notice yesterday stuck in my door. This notice claims that we owe for May and June’s rent.

Our rental agreement states that our rent is due on the 16th of each month, that means June’s rent is not even due yet. I agree May’s rent is a couple of week’s late. Can they include this personal loan on this notice? It’s only a month old itself and it was never stipulated when it was to be paid back. We had a verbal agreement to get caught up by the end of June which was made just a few days ago. Is this handwritten notice legal? Can they proceed to get an “unlawful detainer” on Friday? What happens next? What are my options?

Asked on June 2, 2009 under Real Estate Law, Virginia


N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

For non-payment of rent, the landlord must given you a written notice to either move out or pay the rent owed in 5 days (5-Day Notice). If this is the kind of notice you received, then the notice is legal.

If you can't pay the rent within 5 days, the landlord must file a suit for eviction (unlawful detainer) with the court in order to make you move out. You don't have to move out within the 5 days.

You must be served with notice of the court date. If you think the landlord is wrong about what you owe, then you argue your case to the judge. Make sure and bring all papers and other evidence that you need to support your case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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