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? Regarding Tenant Eviction

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D

Dakers

Guest
What is the name of your state? VA

I have a question regarding evicting of a tenant. She has been renting our mobile home for the past 3 years for $200.00 a month. She has never paid her rent on time and it is getting to the point that we are completely fed up with her. This is our first time ever renting to anyone and she is our soon to be ex SIL and we have no formal lease. What I understand is that in VA since we have no formal lease we are automatically on a month to month lease with her. My question is what are the steps we take to evict her. We would like to do this without going through the court system b/c my husband does not want to. If we send her a notice to vacate property on say Aug. 12 certified mail can we legally give her 30 days to vacate say Sept. 12 or do we have to give her to the end of Sept to move. She still owes $60.00 for the month of July 2002 and now owes $200.00 for the month of Aug. and is not making much effort to catch the amount up.
 


M

michael parks

Guest
If your husband wants to evict her without the court sytems then tell hubby to get out of America, and move to Cuba, he will be much happier living there.

But here in America, the country our forefathers fought and died for, even your ex sister in law low life non payment of rent attiude, is guarenteed by our constituion to have her day in court.

enough said!
 

FarmerJ

Senior Member
Look in your state govt web page for landlord tenant . or housing related statutes . Not all tenants make a huge fight that leads into court . Just make sure you follow your states statutes for eviction the first time . Then if it really comes down to having to go to court it wont be because the eviction notice was not proper .
 

JETX

Senior Member
Ignore 'Michael Parks'. He is just another reincarnation of a person who has been kicked off the forum many, many times (using names like Mary Hartman, HappyRoach, etc.).

As for your problem, your tenant is without a lease, which simply means that your obligation to them is only 30 days, same as them to you.

You need to give the tenant formal 30-day notice to vacate and if he/she doesn't leave voluntarily, then you will have to go to court. Click on the following link for 'how to':
http://www.co.arlington.va.us/cphd/housing/EvictionProcessEnglish.pdf
 
D

Dakers

Guest
Halket
You need to give the tenant formal 30-day notice to vacate and if he/she doesn't leave voluntarily, then you will have to go to court
Somebody told me to not give her a reason why we are wanting her out. That because we have no formal lease that we can ask her to leave without one. To send her via certified mail a notice to vacate premises and give her 30 days. Is this correct? My other question is on the 30 day notice, is that 30 days as of the date served or do we have to give her a formal month like to the end of Sept. ex. if we serve her on say Aug. 14 can we give her until Sept 14 or do we have to give her until Sept. 30? Thanks.
 

JETX

Senior Member
Q1) "Somebody told me to not give her a reason why we are wanting her out. That because we have no formal lease that we can ask her to leave without one. To send her via certified mail a notice to vacate premises and give her 30 days. Is this correct?"
A1) Without a written lease, she is an 'at will tenant'. This means that you do not need to give any explanation or reason, just that you have decided to not extend her month-to-month lease beyond the current 30 days.

Q2) "My other question is on the 30 day notice, is that 30 days as of the date served or do we have to give her a formal month like to the end of Sept. ex. if we serve her on say Aug. 14 can we give her until Sept 14 or do we have to give her until Sept. 30?"
A2) You do not have to wait for the first of a month to give the notice, just that there is 30 days between the notice and the 'final' day. Just remember, you can ONLY accept partial rent to cover the pro-rated days that she will actually have possession. As to when the 'clock' starts, this is usually a matter of contention and sometimes subject to the local courts determination. I suggest sending a copy by certified mail (RRR) and another by regular 1st class, then adding two or three days for delivery and that would be the start of your 'clock'. That way you will minimize the chances of an error and your only 'downside' is that she stays an extra day or so.

"Thanks"
You're welcome.
 
D

Dakers

Guest
Thanks so much

You really answered my questions. I am not worried about her paying partial rent for the month of Sept. because as I stated above she still owes partial for July and all for Aug. but I am not putting that into the letter just that we want to terminate her month to month lease and she needs to be out within 30 days of receipt of the letter. At this point I don't even care about the money I am just tired of her bull and want her gone. Thanks.
 
C

CA. Landlady

Guest
You should seek local legal counsel in this endeavor.

You can serve both a notice to pay or quit for what is currently delinquent and back it up with a 30 day to vacate?

Also, I've read in VA. calendar's month notice is required. Therefore, the 30 day would be served prior to the periodic rent due date and expire the end of the following month (i.e. 30 day notice served today would not expire until 9/30 if the rent were due 9/1).
 

JETX

Senior Member
CA. Landlady said:
Also, I've read in VA. calendar's month notice is required.
Please provide a link to the Virginia statute showing that a full 'calendar' month is required. I have not found it.

Here is what I have found and there is NO mention of a calendar month requirement:
"§ 55-248.31. Noncompliance with rental agreement.
Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a violation of § 55-248.16 materially affecting health and safety, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in twenty-one days, and that the rental agreement shall terminate as provided in the notice. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate. If the tenant commits a breach which is not remediable, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice. Notwithstanding anything to the contrary contained elsewhere in this chapter, when a breach of the tenant's obligations under this chapter or the rental agreement involves or constitutes a criminal or a willful act, which is not remediable and which poses a threat to health or safety, the landlord may terminate the rental agreement immediately and proceed to obtain possession of the premises. The initial hearing on the landlord's action for immediate possession of the premises shall be held within fifteen calendar days from the date of service on the tenant; however, the court shall order an earlier hearing when emergency conditions are alleged to exist upon the premises which constitute an immediate threat to the health or safety of the other tenants. After the initial hearing, if the matter is scheduled for a subsequent hearing or for a contested trial, the court, to the extent practicable, shall order that the matter be given priority on the court's docket. Such subsequent hearing or contested trial shall be heard no later than thirty days from the date of service on the tenant. During the interim period between the date of the initial hearing and the date of any subsequent hearing or contested trial, the court may afford any further remedy or relief as is necessary to protect the interests of parties to the proceeding or the interests of any other tenant residing on the premises."
Source: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-248.31

And:
"§ 55-248.15. Tenancy at will; effect of notice of change of terms or provisions of tenancy.
A notice of any change by a landlord or tenant in any terms or provisions of a tenancy at will shall constitute a notice to vacate the premises, and such notice of change shall be given in accordance with the terms of the rental agreement, if any, or as otherwise required by law."

Further:
"§ 55-248.20. Tenant to surrender possession of dwelling unit.
At the termination of the term of tenancy, whether by expiration of the rental agreement or by reason of default by the tenant, the tenant shall promptly vacate the premises, removing all items of personal property and leaving the premises in good and clean order, reasonable wear and tear excepted. If the tenant fails to vacate, the landlord may bring an action for possession and damages, including reasonable attorney's fees."

And:
"§ 55-248.35. Remedy after termination.
If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement, reasonable attorney's fees as provided in § 55-248.31, and the cost of service of any notice under § 55-225 or § 55-248.31 or process by a sheriff or private process server which cost shall not exceed the amount authorized by § 55-248.31:1, which claims may be enforced, without limitation, by the institution of an action for unlawful entry or detainer. Actual damages for breach of the rental agreement may include a claim for such rent as would have accrued until the expiration of the term thereof or until a tenancy pursuant to a new rental agreement commences, whichever first occurs; provided that nothing herein contained shall diminish the duty of the landlord to mitigate actual damages for breach of the rental agreement. In obtaining post-possession judgments for actual damages as defined herein, the landlord shall not seek a judgment for accelerated rent through the end of the term of the tenancy.

In any unlawful detainer action brought by the landlord, this section shall not be construed to prevent the landlord from being granted by the court a simultaneous judgment for money due and for possession of the premises without a credit for any security deposit. Upon the tenant vacating the premises either voluntarily or by a writ of possession, security deposits shall be credited to the tenants' account by the landlord in accordance with the requirements of § 55-248.15:1."

Sorry, CA Landlady, but I just don't see anything that supports your statement.
 
C

CA. Landlady

Guest
http://www.fairhousing.vipnet.org/tenants.htm



§ 55-248.37. Periodic tenancy; holdover remedies.

The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least thirty days prior to the next rent due date. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful the landlord may also recover the actual damages by him and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, § 55-248.7 applies.
 

JETX

Senior Member
CA Landlady: Thank you for your reference. It does appear that there could be some contradiction in the interpretation of the requirements of notice.

The statutes that I offered only required "that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in twenty-one days, and that the rental agreement shall terminate as provided in the notice." There is no requirement for calendar month notice.

However, your post (which seems to have to do with 'hold-over', which hopefully won't apply here), CAN be interpreted to require a full notice "at least 30 days prior to the next rent due date".

With the realization that the tenant has been allowed to remain FAR too long without paying rent, I would go ahead and do the notice now and stipulate 30 days from now. Then, if the tenant files a challenge the court can intervene and allow tenancy until the first of the month. In any case, the notice will have been filed without having to wait.

Go for it.
 
D

Dakers

Guest
Thanks to you all...

you have all helped me out tremendously. I am going to call the local county clerks office and make all clear. We are planning to serve the papers in the next couple of days. Thanks again.
 
C

CA. Landlady

Guest
The statutes do not appear to conflict. The statutes you posted have to do more with breaching the contract more in the context of those involving issues such as drug dealing, destruction of property, etc. Here we have a breach for non-payment of rent which there are pay or quit remedies. Then, the owner also seeks to simply terminate the periodic tenancy.

I seriously wouldn't take a chance and would shoot for the 30 day ending at the end of the peridoic rental period.

Of course, I would never attempt this without experience nor without legal counsel. Otherwise, the process could easily be postponed and eviction delayed giving the tenant more time to live there for free.


BTW, there are more states in the union than not that require calendar month notices unlike in TX. and CA.
 

JETX

Senior Member
CA Landlady, where did you come up with that idea ("The statutes you posted have to do more with breaching the contract more in the context of those involving issues such as drug dealing, destruction of property, etc."). The statute that I cited CLEARLY states, "if there is a material noncompliance by the tenant with the rental agreement"!!

Do you honestly think that NOT PAYING rent isn't a 'material noncompliance'???? Do you think that NOT PAYING rent owes the tenant special circumstances.

I have to presume that either you simply cannot say that you might have been incorrect, or that you don't understand the legal issues, or you have some 'other agenda' by trying to insert some legal requirement to a statute that simply isn't there.

To Dakers: As I stated earlier (and provided relevant statutes), go ahead and serve notice on the tenant in accordance with your states 'notice' requirements. Allow for an extra couple of days (example, notice mailed today, demand move-out on or before 15 September) and include a statement that the notice is being sent both by certified mail (include the RR number) and by first class..... then mail them. Heck, if appropriate, you might even hand-deliver one just to make sure. The worst that could happen would be for the courts to determine that you should have allowed calendar.... and giving the tenant until 31 Sep to vacate. In either case, your situation will hopefully get resolved!!
 
C

CA. Landlady

Guest
>>>The statute that I cited CLEARLY states, "if there is a material noncompliance by the tenant with the rental agreement"!!<<<

What does the rest of the sentence say? It says to give them notice to comply.
 

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