THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, February 18, 1995 TAG: 9502160231
SECTION: REAL ESTATE WEEKLY PAGE: 20 EDITION: FINAL
COLUMN: LANDLORDS & TENANTS
SOURCE: Albert Teich Jr.
LENGTH: Medium: 84 lines
Q. About nine months ago, a tenant gave me a check for $550 for a month's rent. Unfortunately, the check bounced.
By the time I contacted the tenant a few days later, the tenant had moved out without giving me notice or a forwarding address.
I was finally able to find her within the last few days and I am very happy to say that she has a very good job.
I am fortunate in that I lost only one month's rent, but I did have to go the much trouble in re-renting the premises, advertising the apartment for rent and trying to locate the delinquent tenant.
Now that I know where she is, what are my rights in this matter in trying to recover my financial losses?
A. You certainly are fortunate that you found the tenant and she has a good job. You may bring suit against her for the following amounts:
The face amount of the bounced check.
A civil penalty amounting to either $250 or three times the amount of the check, whichever is lesser. In this case, $250.
A processing fee of $20.
Your bank charges.
Interest from the date of the check.
The costs of the court and the mailing charges.
In order to recover the penalty for the bad check, the Code of Virginia states as follows:
``In the event a check, draft or order, the payment of which has been refused by the drawee (bank, credit union, etc.) because of lack of funds or credit with such drawee is not paid in full within 30 days after receipt by the drawer of written notice by registered, certified or regular mail with the sender retaining sufficient proof of mailing, which may be by a U.S. Postal Certificate of Mailing, from the payee (you, in this case), and the check, draft or order has been returned unpaid, the payee may recover from the drawer (your check-bouncing tenant) in a civil action brought by filing of a Warrant in Debt, the lesser of $250 or three times the amount of the check.''
If the delinquent tenant does pay the check within the 30 days you are required to allow under the code, you still have the right to collect the bank fees charged to you and the processing charge of $20.
The civil penalty of $250 appears to be a little known and little used section of the Virginia Code. Faulty patio door
Q. We have lived in our rental unit since July 1992. In July 1994 we signed a new two-year lease for the property.
Before we signed our new lease, we discussed the matter of our kitchen patio door and it was agreed by the landlord that the old door would be replaced.
Apparently, the seal is broken in the glass and the pane looks like permanent frost. It is our only window in the kitchen. Unfortunately, the agreement to replace the door was not in writing.
Do we have any recourse? We pay our rent and keep the house and yard in excellent condition. Our yard is very pretty in both winter and summer.
A. I want to stress to you, and to all other people entering into contracts, that the parole evidence rule in Virginia (and in most other states) states in effect that if the parties enter into a written contract, the courts will not allow evidence if prior or contemporaneous, oral agreements vary the terms of the written agreement.
You should have had your landlord place in writing his agreement to replace the kitchen patio door.
It is my opinion that your best recourse in this matter is to continue to badger the landlord to replace the door, reminding him how fortunate it is to have a tenant who keeps the premises in good condition and who pays the rent on time.
You might also send a copy of this article to your landlord and let him see what I have recommended.
I always advise that when negotiating the renewal of a lease, the tenant should discuss everything with the landlord and, if a writing is entered into, all agreements are placed in the writing. It makes for good landlord and tenant relations. MEMO: Albert Teich Jr. is a real estate lawyer based in Norfolk. Send
comments and questions to him at Real Estate Weekly, 150 W. Brambleton
Ave., Norfolk, Va. 23510.
by CNB