What are my rights as a tenant if I havent paid the rent?
If you get behind on your rent, you are entitled to a five-day pay or quit notice before the landlord can take legal action to evict you. If you can pay the rent within the five days, then the landlord cannot take any further action against you. If you are unable to pay within the five days, the landlord may file an eviction action, called an Unlawful Detainer. If you are able to pay all the money owed on or before the first court date noted on the summons, then the case against you must be dismissed. This is commonly referred to as the tenants right of redemption. In order to redeem your tenancy, you must pay the full rent, late fees, court costs, and attorneys fees and be sure to bring to the judges attention that you have done so. Counterclaims you may have against the landlord, such as failure to make necessary repairs, do not excuse your obligation to pay rent in Virginia, as they might in other states.
