unlawful detainer question

[Fairfax12]

What is the name of your state (only U.S. law)? Virginia

I am trying to evict my tenant who lives in Fairfax, VA. We have done the 5 day pay or quit notice, and that has passed and she did not pay. We have the hearing for the unlawful detainer in a couple of weeks. The detainer only states unpaid rent for July and August, because I forget to note "and future rent". The Sept. rent is due tomorrow. If she does not pay September's rent, should I get the Sheriff to post another 5 day pay or quit notice? I could not tell from the VA statutes whether a new 5 day notice would cancel out the current detainer.

Also, if she does actually pay up on the hearing on the 12th or during the 10 day period after, can we still evict? She would have been late paying rent for 3 straight months.

Finally, what about an unconditional eviction? I have read a little bit about that but cannot find any specifics info on that.

Just so you know, our lease agreement is solid. It is a 12 month lease and clearly states when rent is due and the specifics for late charges and the like.

 

[Nellibelle]

What is the name of your state (only U.S. law)? Virginia

I am trying to evict my tenant who lives in Fairfax, VA. We have done the 5 day pay or quit notice, and that has passed and she did not pay. We have the hearing for the unlawful detainer in a couple of weeks. The detainer only states unpaid rent for July and August, because I forget to note "and future rent". The Sept. rent is due tomorrow. If she does not pay September's rent, should I get the Sheriff to post another 5 day pay or quit notice? I could not tell from the VA statutes whether a new 5 day notice would cancel out the current detainer.

Also, if she does actually pay up on the hearing on the 12th or during the 10 day period after, can we still evict? She would have been late paying rent for 3 straight months.

Finally, what about an unconditional eviction? I have read a little bit about that but cannot find any specifics info on that.

Just so you know, our lease agreement is solid. It is a 12 month lease and clearly states when rent is due and the specifics for late charges and the like.

If the lease is breached, you should be able to evict your tenant. If the lease allows for late charges and the tenant has the money to pay what is due at the time of the hearing, the judge will allow the tenant to stay. If the rent is unpaid for July and August, then they would have to pay that before September rent, so a pay or quit notice for September at this stage is irrelevant.

 

[FarmerJ]

If your tenant has not even made efforts to get partial payment to you Id say be more concerned about getting them out BUT if this tenant comes to court with the two months of mone they owe and a partial on September you can ask the court to do a written agreement that spells out deadlines to pay and if they are missed for you to be able to move forward with getting tenant out . (LOL I need real coffee ) Personally Id lay odds that this tenant just doesnt have the money to get caught up ,inc paying your filing fee .

 

[Gail in Georgia]

"If the lease allows for late charges and the tenant has the money to pay what is due at the time of the hearing, the judge will allow the tenant to stay."

Will you please sit down.

There is NOTHING that says a judge is required to allow a tenant who is two months behind on rent to remain in a rental unit even if they show up in court with all of the owed rent AND the late fees AND the court fees.

The judge MAY ask the landlord if they wish to accept this money in lieu of granting the landlords request for an eviction.

If the landlord was smart they would point out that the hearing is being held in September and that September rent is also now due.

Gail

 

[Nellibelle]

"If the lease allows for late charges and the tenant has the money to pay what is due at the time of the hearing, the judge will allow the tenant to stay."

Will you please sit down.

There is NOTHING that says a judge is required to allow a tenant who is two months behind on rent to remain in a rental unit even if they show up in court with all of the owed rent AND the late fees AND the court fees.

The judge MAY ask the landlord if they wish to accept this money in lieu of granting the landlords request for an eviction.

If the landlord was smart they would point out that the hearing is being held in September and that September rent is also now due.

Gail

Most judges I've seen in action are compassionate and usually let the litigants go out into the hall and try to settle the matter before HE settles it for them. If it came down to his decision, based on a lease that provides for late fees and if the tenant had enough to pay the rent current, the tenant would NOT be evicted. Now if you can show me how a judge could rightfully evict such tenant under those conditions, spell it out.

 

[quincy]

Fairfax12, following is a link to a publication by Virginia Legal Aid on tenant rights. Refer to pages 8, 9 and 10 to see how breach of leases, evictions (unlawful detainers) and writs of possession are handled in your state.

http://www.valegalaid.org/files/E095B726-FCD8-81C1-17DC-A16C7ED73FFF/attachments/A547C34B-D98B-49AC-ACCA-336AA3EB547F/tenants-rights.pdf

With my post, you have now heard from three landlords in this thread - FarmerJ and Gail in Georgia are the other two. Nellibelle is NOT one of them. In fact, Nellibelle came to this forum in April of this year with tenant questions of his own and is, apparently, still a bit fuzzy about what rights tenants have and what rights landlords have and what judges are like when it comes to the law. Judges can be nice people but they are not going to bend laws out of "compassion," although I am sure many tenants who fail to pay rent on a timely basis would like to think they would.

 

[Nellibelle]

Fairfax12, following is a link to a publication by Virginia Legal Aid on tenant rights. Refer to pages 8, 9 and 10 to see how breach of leases, evictions (unlawful detainers) and writs of possession are handled in your state.

http://www.valegalaid.org/files/E095B726-FCD8-81C1-17DC-A16C7ED73FFF/attachments/A547C34B-D98B-49AC-ACCA-336AA3EB547F/tenants-rights.pdf

With my post, you have now heard from three landlords in this thread - FarmerJ and Gail in Georgia are the other two. Nellibelle is NOT one of them. In fact, Nellibelle came to this forum in April of this year with tenant questions of his own and is, apparently, still a bit fuzzy about what rights tenants have and what rights landlords have and what judges are like when it comes to the law. Judges can be nice people but they are not going to bend laws out of "compassion," although I am sure many tenants who fail to pay rent on a timely basis would like to think they would.

"Judges aren't going to bend laws out of compassion..."

I totally agree, however, it was mentioned that the OP's lease contained provisions to pay late fees if they were late on rent. If the OP were to have the money to pay ALL of the rent due, at the time he faces the judge in the matter, the judge's decision will go according to what is stated in the lease. He would have to let the tenant stay if he had the money to pay the rent current, unless there were some OTHER reason to allow for the evictin of the tenant.

 

[quincy]

"Judges aren't going to bend laws out of compassion..."

I totally agree, however, it was mentioned that the OP's lease contained provisions to pay late fees if they were late on rent. If the OP were to have the money to pay ALL of the rent due, at the time he faces the judge in the matter, the judge's decision will go according to what is stated in the lease. He would have to let the tenant stay if he had the money to pay the rent current, unless there were some OTHER reason to allow for the evictin of the tenant.

Did you read the publication I provided the link to? I am guessing the answer is "no."