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After winning 2 court cases, Henrico tenant may face a third

‘I pay my rent like clockwork every month. I don’t know why they won’t let me alone.’

Jeremy M. Lazarus | 12/15/2022, 6 p.m.
Donald J. Garrett is a rare figure among the sea of Richmond-area residents being hauled into court for eviction proceedings.
Mr. Garrett

Donald J. Garrett is a rare figure among the sea of Richmond-area residents being hauled into court for eviction proceedings.

While most cases result in judgment for the landlord, the disabled 69-year-old, with help from attorneys, has notched two wins against the entities that own and manage the 1,200-unit Pointe at River City where he has lived since 2011.

First in April and most recently on Dec. 9, lawyers representing the owners of the Henrico County complex have withdrawn a suit claiming that Mr. Garrett should be evicted for the alleged nonpayment of $1,300 or more in unpaid rent, utilities and other costs.

Now he may need to do it a third time in the coming year.

On Saturday, just a day after his latest case was dismissed, he found another statement stuck in his front door, claiming he now owed $1,860.45, including an $83 fee for late payment of December rent.

The statement included a message that he needs to pay the full amount within five days or face being hit with another lawsuit seeking his eviction.

“I was really relieved when the lawsuit was dismissed,” Mr. Garrett said. “I wasn’t expecting this. I always pay my rent on time.”

The late fee assessed for the December payment appears to raise questions about whether the complex is treating him fairly.

Mr. Garrett provided copies of four money orders totaling $987 that each are made out to the complex’s current owner, AP 11 LLC, and are dated Dec. 2. He said he presented those money orders on that Friday to staff at the office, to cover his rent as well as water and sewer service and other costs and the staff provided him copies of the money orders.

The statement indicates that the money orders were received Dec. 5, the last day Mr. Garrett could pay without a late fee, but were not entered into the payment system until Dec. 6, automatically triggering the late charge.

Attorney Lonnie D. “Chip” Nunley III, who represented Mr. Garrett in the December case, said that owners and managers sometimes do not keep accurate records.

A partner in Hunton Andrews Kurth LLP, Mr. Nunley said that the problem is compounded when a complex is sold, as was the case for the Pointe at River City, because the financial errors in the original owner’s books are then transferred to the new owner.

He said that the Soledar & Soledar law firm representing Pointe at River City agreed to dismiss Mr. Garrett’s case after he presented that firm substantial evidence that Mr. Garrett had paid as agreed.

He said unlike many renters, Mr. Garrett had kept all of his payment receipts.

“If they take me to court again, I’ll just have to deal with it,” said Mr. Garrett, who suffers from kidney failure and requires dialysis three times a week to survive. “But this so unfair. I pay my rent like clockwork every month. I don’t know why, they won’t let me alone.”