HAMPTON, Va. — We’re following up a story we brought you last week about a Hampton landlord who was arrested, charged and indicted for defrauding his tenants, threatening African American tenants and civil rights violations.
News 3’s Leondra Head spoke to some tenants last week about the conditions they were living in. Now she’s taking a look at the rights renters have.
Hampton attorney Larry Lockwood Jr. discussed the rights renters have.
"Just because a landlord is incarcerated does not necessarily void the contract," Lockwood said. "However, if the person who’s incarcerated cannot perform on that contract or maintain the premises, at some point they are going to be in breach of that contract."
David Merryman, 58, owns more than 60 properties in Hampton and Newport News. A week ago, he was arrested for defrauding his tenants and harassing African American tenants.
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Here’s what current and former tenants of Merryman told News 3's Leondra Head:
"It was a nightmare," Samantha Feeley, a former tenant of Merryman, said. "He was the slumlord from hell."
"If you look at that window, there’s window seal and there’s never been one," Heather Burchett, a current tenant of Merryman, said. "Mice come in through there and cold air constantly comes through."
"I bathe with a bucket," Felix Marigalono, a current tenant of Merryman, said.
Here’s what attorney Lockwood recommends if your landlord is not fixing things.
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"Warn your landlord you’re gonna do a tenants assertion," Lockwood said. "That’s where you go down to the court, fill out a form and you pay the rent to the clerk, not the landlord. Then the landlord has to go to the court and prove they’ve fixed your apartment before they can get their rent money."
Lockwood recommends keeping a paper trail of communication with your landlord.
"Document in writing everything," Lockwood said. "If you have a telephone conversation with your landlord, immediately send an email. Let the email reflect the conversation."
Watch previous coverage: Hampton landlord charged, indicted for harassing Black tenants & defrauding government
Court documents say Merryman is known to Newport News codes compliance office due to a long history of repeated failures and not complying with the city’s rules and standards for his properties.
Court documents also say Merryman threatened Harold Roach, the director of Newport News Codes Compliance, and used racial slurs towards him. Roach declined to speak on Merryman but provided context on how his office does inspections.
A few of Merryman’s properties are around downtown Newport News.
In 2016, Newport News passed an ordinance to regulate rental properties south of 39th Street. The Codes Compliance office says those properties fall under an inspection district, also known as the residential rental inspection program.
Here’s why the director of codes compliance said the city made that decision.
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"Over the years, we’ve had problems with negligent landlords offering residential property for rent that was unsafe for occupancy," Roach said.
Roach says landlords properties must pass an inspection before the property can rented out.
Here's some of the things he says his office looks for:
"We deal with things like broken windows, doors that don’t close properly, roofs that may be causing a leak," Roach said.
If you live in Newport News and are having issues with your landlords fixing essential things, the Codes Compliance office says you can call their office to report the matter by calling 757-933-02311.
