Evicting tenants for late rent--> large balance past due (Fairfax: rental, eviction)

[NoVa0503]

Hi does any one know Virginia law pertaining to this matter? Can it be done correctly and lawfully without having to hire a lawyer?
Thnx

[MSUdom5]

Google "virginia landlord tenant act".

File for eviction and sue for unpaid rent in small claims court.

http://www.ehow.com/how_6207656_evic...-virginia.html <-- keep in mind that ehow is often a source of misinformation

I am not a lawyer and this is not legal advice.

[jillabean]

I found this online, it doesn't exactly answer the question, but it might help you:

What is an eviction?

An eviction is the court action used by a landlord to remove a tenant from a rental unit. This process allows a landlord to receive a court judgment directing the tenant to leave the property and pay all rent, damages, and court costs.

Virginia law does not allow landlords to lock out tenants, remove their belongings, or cut off the tenants’ access to essential services, such as heat, water, gas, or electricity without going through legal proceedings.

Generally, a landlord can file a “Summons for Unlawful Detainer” in the Fairfax County General District Court to begin the eviction process and to take possession of the dwelling unit for non-payment of rent or lease violations. Eviction procedures and information about an eviction are available from the Fairfax County’s Sheriff’s Office at Eviction Procedures*- Fairfax County, Virginia.

[ChristineVA]

I can't specifically answer your question either. I can say that my father-in-law has been burned a few times by tenants and he never gets his money back.

He has to start evicition proceedings as soon as the rent is late. It takes awhile, they get to live there scott-free, and then they are evicted. I'm not sure what he does after that but I believe there is a way to report that so that you put a mark on their credit report.

[BitofVA]

Hi, I am going through this now. I believe you can. If you are in Fairfax County try this: Eviction Procedures*- Fairfax County, Virginia

Also, unless you own more than one place you are renting out you are not part of the Landlord/Tenant Act.
(Exemptions: 10. Occupancy in single-family residences where the owners are natural persons or their estates who own in their own name no more than two single-family residences subject to a rental agreement. LIS > Code of Virginia > 55-248.5 ) http://www.dhcd.virginia.gov/Homeles...t_Handbook.pdf
It is all for the Tenant anyway... but look up the VA Codes here: LIS > Code of Virginia

For forms, you can generally find them on line. I ended up speaking with an attorney who gave me a form for what I had to do. It depends on what you are doing too... the 5 day Pay and Quit or the 30-day notice (for things other than rent). If not paid up in 5 days after receipt, you have to go to the Civil Court and file for Unlawful Detainer and are given a date for court.

I wish you luck in this, but it is good if you can hire a lawyer, especially if you have to go to court.

Best of Luck

[msorsa]

You have to move fast. Don't waste your time, hire a lawyer and start the process ASAP. It took me 5 months to evict a tenant that didn't pay me for almost a year. The tenants probably know how to play the system and know that the law protects them. They will try to stay in your place as long as they can without paying. What they do is every time they are summoned to court they don't show up, so the court proceeds and give them a month extension, they keep missing court summons for like 3-4 times until the court finally decides to bring send sheriff and give them the eviction notice. Then they will ignore it but once you have that eviction letter with the day they need to vacate, if they are not out after that date, take their stuff out and change the locks, from that day on they are trespassing your property and is a crime.

Just my 2 cents.

[newvadad]

Some people game the system. A friend of mine lived in a four unit building that had one of these people. They paid first and last up front on credit cards and pretty much stopped paying rent and lived there for free for the rest of the year. They ignored notices that were taped to the door and my friend watched her as she cut the notices down and walked in and out like it was nothing. She was finally evicted and as they were coming to throw her stuff in the street, she got a truck and moved it to another place.

It doesn't pay to be a small landlord IMO. You have to give-up your property rights.

[paulbunyan]

Originally Posted by newvadad

Some people game the system. A friend of mine lived in a four unit building that had one of these people. They paid first and last up front on credit cards and pretty much stopped paying rent and lived there for free for the rest of the year. They ignored notices that were taped to the door and my friend watched her as she cut the notices down and walked in and out like it was nothing. She was finally evicted and as they were coming to throw her stuff in the street, she got a truck and moved it to another place.

It doesn't pay to be a small landlord IMO. You have to give-up your property rights.

I would LOVE to see the lease she signed. This landlord was an idiot. If they do not pay I file the day after the due date, assuming they are trying to get over. If they aren't then they better pay fast. I need my money :-)

In VA my interpretation (Since everyone else is scared to reply lol) is that:

#1 You HAVE to have it listed in the lease that the due date is the 1st, and if the rent is not deposited in my bank account by 11:59PM on the 1st, eviction proceedings will begin on the 2nd.
#2 File a Pay or Quit notice in court on the 2nd
#3 On the 7th, if they do not pay or vacate go to the county and tell them the tenant did not pay
#4 You will get a court date (Normally within 15 days)
#5 Go to your court date and explain why you giving them the boot
#6 Wait 10 days for the appeal
#7 EVICT!

I've done it in less than 30 days from late payment to moving them out


Anyone else wanna correct me?

[JT-3]

Good thread here. What kind of late language do you have in your lease? I plan to be more specific the next go around, as they can pay late in the month with the $100 late fee. Pay it on the 7th or 17th, it's still late and same fee.

3. Monthly installments of $_____ are due in advance on the first day of each month beginning _____, without notification, demand or deductions. Only one rent check will be accepted per property each month.

4. LATE PAYMENT AND RETURNED CHECKS. Installments of rent not received by the Landlord on or before the due date are late and a default under this Lease. If any installment of rent is not received by the Landlord within 5 days from the due date, the Tenant agrees to pay a late charge of $ 100.00 . The Tenant also agrees to pay the Landlord an additional charge of $ 100.00 for each returned check.

[HokieFan]

Originally Posted by JT-3

Good thread here. What kind of late language do you have in your lease? I plan to be more specific the next go around, as they can pay late in the month with the $100 late fee. Pay it on the 7th or 17th, it's still late and same fee.

3. Monthly installments of $_____ are due in advance on the first day of each month beginning _____, without notification, demand or deductions. Only one rent check will be accepted per property each month.

4. LATE PAYMENT AND RETURNED CHECKS. Installments of rent not received by the Landlord on or before the due date are late and a default under this Lease. If any installment of rent is not received by the Landlord within 5 days from the due date, the Tenant agrees to pay a late charge of $ 100.00 . The Tenant also agrees to pay the Landlord an additional charge of $ 100.00 for each returned check.

#3 - so the rent payment is due on the 30th/31st of the month? And if the payment is received on the 1st of each month, it's late?

Some state laws limit the amount of fees you can charge. Read up on your state's landlord tenant laws.