I was given a letter from Brittany Commons on January 13, 2004 saying they saw me speeding around the complex the day prior from 2:00pm to 3:00pm. However, when I told them I was in a staff meeting with 12 other people some 70 miles away in Washington D.C. during that time, they gave me a 30 day notice to vacate because I complained to them about their letter and told them I planned to take them to Court (which I will) for constant non-stop harassment and slander. They give everyone here letters after letters of complaints for the most silliest of things (i.e., looking under the hood is "working on your car", drinking on your deck is "drinking in public", even if its a soda-pop exc...). EVERYONE gets these things; non-stop.

First off, the Law ?55-248.37 of the CODE OF VIRGINIA states the landlord "may terminate" a month-to-month tenancy by serving a written notice on the tenant "at least" thirty days prior to the next rent due date. The key words are "may terminate" and "at least", this is not a "MUST". Hence, the tenant and the landlord can agree on a different period no less then 30 days (i.e., 60 days as per the Lease). Brittany Commons will not even honor their own lease. Second, the written notice must be given "at least thirty days prior to the next rent due date." (i.e.., January 13, 2004 is not "at least thirty days prior" to February 1). Obviously the written notice to vacate in 30 days was given in retaliation to my arguments rebutting the speeding claim with evidence of my non-guilt (signed letters from co-workers). They couldn't stand to admit wrong and thus evicted me in retaliation in violation of ?55-248.50 which states a landlord shall not retaliate by bringing an action for possession (i.e.., eviction) after the tenant has complained to the landlord and/or wants to take or takes legal action. So they do not honor their own Lease and violate the Law habitually.

As for who owns the road at Brittany Commons search for Brittany on this page:
http://www.spotsylvania.va.us/DownloadFiles/Minutes/bo


For Your Information: Many leases state the tenant must notify the Landlord of intent to vacate no less than 60 days prior to end of the Lease term and failure to give the required notice to vacate will result in forfeiture of the security deposit. But the CODE OF VIRGINIA states no such notice is required per ?55-222. That is, if your Lease says it terminates on Day X, no notice of any type is required per the Law as supported by the Courts: http://www.courts.state.va.us/txtops/1991810.txt

For the links listed below, add a plus sign (located above and on your "=" key ) between "cod" without spaces. This site deletes the plus sign.



?55-248.37:

http://leg1.state.va.us/cgi-bin/legp504.exe'000 cod 55-248.37

?55-222:

http://leg1.state.va.us/cgi-bin/legp504.exe'000 cod 55-222

?55-248.50

http://leg1.state.va.us/cgi-bin/legp504.exe'000 cod 55-248.50

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