Virginia Landlord rights (apartment, lease agreement, tenant, eviction)
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I have a tenant who is 3 months behind on his rent. I didn't make him sign a lease but we have a written agreement in emails. He says he can pay me next month rent but is not able to pay the 2 prior months. If I need to take him to court, will I have a leg to stand on if he simply walks out before payment is due next month? Should I have him sign something saying he will pay before next month (I'm afraid that may scare him off and he will leave in the middle of the night) What do you suggest I do?
With no written lease, he is technically on a month-to-month lease.
Issue a 3-day pay or quit notice. If he doesn't pay all of the money you are owed, start the eviction process. You could get a judgement against him but you can't get blood from a turnip.
The Virginia Residential Landlord and Tenant Act (VRLTA), establishes the rights and responsibilities of tenants and landlords and applies to ALL apartment rental agreements. The VRLTA also applies if the landlord owns three or more single-family residences subject to a rental agreement, or if the lease agreement specifically references the VRLTA.
He's not paying rent. Why on earth would it bother you if he walks out in the middle of the night? You should have filed for eviction for non payment of rent about halfway through the very first month that he didn't pay you.
Get him out and put someone in there who can afford to pay you the rent. I suggest that you stop accepting empty promises in lieu of cash.
Hope he leaves before you pay for the eviction and then take him to small claims court and get a judgement for what he owes you for back rent and damage. Make sure the judgement gets recorded to warn future landlords that he is a deadbeat.
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