• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Purchased rental prop.with tenants

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

VALL

Junior Member
What is the name of your state? Virginia

My husband and I have recently purchased a rental property with tenants already living there.The previous owner did not have a rental agreement nor did he ask for a security deposit.Upon meeting the tenants and inspecting the property,we've decided we do not wish to rent to them.They've basicly trashed the place and disturb the neighbors. We served them with a 30 day notice to vacate on Monday ..at which time the rent is due.They have not paid the rent and said since we gave them the 30 day notice they did not think they had to pay any rent. What can we do now? The land is not ours and we will have to pay lot rent out of our own pocket. Thanks in advance for any help.
 


Ellerge

Member
No Rent

Take them to Court and/or start the eviction process - unless the tenants are such important people that they can live in your place without paying rent.
 

HomeGuru

Senior Member
Re: No Rent

Ellerge said:
Take them to Court and/or start the eviction process - unless the tenants are such important people that they can live in your place without paying rent.
**A: I agree.
 

VALL

Junior Member
...went yesterday to county clerk's office as advised. They tell us had we not given tenant 30 day notice,we could have had them out in 10 days due to non-payment of rent. Question: We did not sign the 30 day notice,is it legal? Can we go ahead with the 10 day notice?
 

HomeGuru

Senior Member
VALL said:
...went yesterday to county clerk's office as advised. They tell us had we not given tenant 30 day notice,we could have had them out in 10 days due to non-payment of rent. Question: We did not sign the 30 day notice,is it legal? Can we go ahead with the 10 day notice?
**A: can you read the VA L/T law?
 
C

CA. LL

Guest
County clerk is likely WRONG. County clerk should NOT give legal advice. Landlord--YOU-- should seek local legal counsel so you DO NOT scr....goof up.
 

VALL

Junior Member
I have read the VA L/T laws and can find nothing about giving Pay or Quit notice AFTER already giving 30 day notice. I have,however, made an appt. to speak to an attorney this week.
 
C

CA. LL

Guest
Good!

Yes, you can serve BOTH. They are currently delinquent and owe. You have remedies at your disposal.

The notice to vacate has nothing to do with them paying or not. In fact, if you serve proper notice to pay or quit and they pay, it DOES NOT void and/or waive the proper notice to vacate. Additionally, if you serve a notice to pay or quit and they do not pay, it's your choice to file or not. It may be in your best interest to file for evction at that time because there is NO guarantee they will move at the expiration of a proper notice to vacate anyway. Get it?

BTW, in VA. is it OK to serve them notice to vacate on the rent due date and the notice expires at the end of that particular month or does it expire at the end of the next rental period i.e. 3/31 or 4/30? What does the VA. LL/T laws indicate?
 
Last edited:

VALL

Junior Member
If it says anything about it CA.LL, I can't find it. I think these people make up the rules as they go along.
 

HomeGuru

Senior Member
VALL said:
I have read the VA L/T laws and can find nothing about giving Pay or Quit notice AFTER already giving 30 day notice. I have,however, made an appt. to speak to an attorney this week.
**A: my point was to read the law on eviction for nonpayment of rent period.
 

VALL

Junior Member
VA LL/T laws

Here's a lil advice for new landlords in Va... after some research on Va LL/tenant laws,I discovered that the VRLTA (virginia residential landlord/tenant act) does not apply to landlords that own and rent less than 10 properties. Apparently in this case the laws vary from city/county. Very confusing! Legal advice is the best and safest way to go. Happy renting!
 

HomeGuru

Senior Member
Re: VA LL/T laws

VALL said:
Here's a lil advice for new landlords in Va... after some research on Va LL/tenant laws,I discovered that the VRLTA (virginia residential landlord/tenant act) does not apply to landlords that own and rent less than 10 properties. Apparently in this case the laws vary from city/county. Very confusing! Legal advice is the best and safest way to go. Happy renting!
**A: then what VA L/T law does apply?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top