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In Virginia, can a landlord legally tell us how much back-rent we have to pay at one time?
Anonymous1 views3 answers
Our landlord sued us for termination of residency and back-rent, and we went to court today. We acknowledged our debt, and the judge ruled that we have 30 days to leave and that we must pay the money in due time. We are planning on paying him $50 a month, since that's the most we can afford since now we have to move, and we're a family of five with 2 young children. But we know our landlord is going to demand more money, because he's done so in the past. Since the judge made no mention of a certain amount that must be paid per month, can the landlord legally tell us we have to pay a certain amount or he'll take us to court again?
Matthew KreitzerDivorce / Separation LawyerAlexandria, VA ·
Generally speaking, the fact that there has been a judgment entered against a debtor does not mean the creditor can necessarily enforce the judgment however they want. A creditor must docket the judgment and go back to court if they wish to be paid in a certain way. If you feel that your landlord is likely to demand more money be paid, then I would retain legal counsel soon to help you with this process.
The landlord has the right to demand the whole thing at once. However I've found that making regular payments (AND keeping very good proof of each payment) often works as the hassle of collecting outweighs the benefit. The landlord can garnish your wages or attach your bank account at any time, so get payments started as soon as you can to discourage him from doing so.
The landlord - in this case judgment creditor - has a right to demand full payment if he or she so chooses. Judgments in Virginia are not self-executing, however, and he will be required to take additional measures to execute the judgment. I will emphasize that most landlords will be glad to accept payments toward the judgment...while this cannot legally stave off additional legal action, sometimes it does because you are showing a good faith effort.
