Lanlord wants to move back into his property upon Termination of Lease immediately. HELP! (Fairfax: eviction)

[House Owner]

My property is in FX County of VA. The lease is up on June 30th and the Tenant has NOT paid his June rent. Nor he has any intention of moving out. Moreover, the tenant demands FULL security deposit back PRIOR the Lease's end. Uses threats, not allowing access for 19 days to my RE Agent.

DID ANY LANDLORD MOVE-IN TO HIS OWN HOUSE UPON SERVING A PROPER TERMINATION NOTICE AND INVOLVED POLICE'S HELP IN DOING SO? Please share your experience.
Thank you!

[airjay75]

Perhaps this website will be helpful: Eviction Procedures*- Fairfax County, Virginia

If you're not comfortable navigating the process yourself, you may want to hire an attorney.

[newnewsmama]

If you follow the eviction process, the sheriff will eventually move the tenant out.

Virginia is a good state for landlords. You should be able to do the eviction rather quickly. Maryland is a different story.

[HokieFan]

In some states, the security deposit may only be used to cover the cost of damages and cannot have any unpaid rents deducted. You need to be sure that you are following the correct procedures and laws.

Scroll down to page 5 of the link below, and contact Legal Aid for FFX County

http://www.dhcd.virginia.gov/Homeles...t_Handbook.pdf

[Spaten_Drinker]

Get ready to lose 6 months use of your property with no payment.

[jillybean720]

Originally Posted by HokieFan

In some states, the security deposit may only be used to cover the cost of damages and cannot have any unpaid rents deducted. You need to be sure that you are following the correct procedures and laws.

Scroll down to page 5 of the link below, and contact Legal Aid for FFX County

http://www.dhcd.virginia.gov/Homeles...t_Handbook.pdf

I don't think the issue is that landlord is trying to keep the deposit for the missing rent, but rather a landlord shouldn't return the deposit to the tenant until AFTER the tenant moves out so the landlord can assess any potential damages/required fixes that should be deducted from that deposit.

Craziness for a tenant to demand on getting the deposit back before they move out. Makes no sense!

[justtitans]

Originally Posted by jillybean720

I don't think the issue is that landlord is trying to keep the deposit for the missing rent, but rather a landlord shouldn't return the deposit to the tenant until AFTER the tenant moves out so the landlord can assess any potential damages/required fixes that should be deducted from that deposit.

Craziness for a tenant to demand on getting the deposit back before they move out. Makes no sense!

Yeah that defeats the whole purpose of it. Sounds like a mess. Hope you are able to get this resolved OP.

[paulbunyan]

I'll help you out

I am assuming you aren't covered by the Landlord/Tenant handbook. If that is the case, the fastest (And most expensive way) would be to hire a lawyer. If you find the right one I am pretty sure they could write up some type of letter to scare the tenant out.

If you want to navigate the system yourself...looks like the tenancy terminates on June 30th. Therefore:

#1 You can kick them out as of June 30th. Their tenancy is over according tot he lease that they signed. Pretty cut and dry
#2 They are gonna say, WHAT ABOUT MY SECURITY DEPOSIT? Well since they never paid you for June, they still owe you right? You can apply the deposit to the rent for June

Now...if in your lease it states that if you have not received payment by the 10th of the month, you will begin eviction proceedings and it is past the 10th, it gets easy.

Send the tenant a letter stating that they have to vacate the premises within the next 5 days unless you receive payment
On the 6th day call Fairfax and ask them to evict the tenant and make sure you have a copy of the letter you sent to the tenant (Send it CMRR)

Within a week they'll be outta there

Anyone else care to comment?

[paulbunyan]

The security deposit has nothing to do with them paying their rent on time. They have not paid it on time therefore I would evict them. I start eviction proceedings on the 6th of the month. 1 day after the rent is considered late.