 Eviction (by Clara [VA]) Jan 21, 2018 7:18 PM
 Eviction (by OPM [OR]) Jan 21, 2018 7:24 PM
Eviction (by Clara [VA]) Jan 21, 2018 7:49 PM
Eviction (by Moshe [CA]) Jan 21, 2018 8:58 PM
Eviction (by Barbara [VA]) Jan 22, 2018 2:55 AM
Eviction (by David [KY]) Jan 22, 2018 3:52 AM
Eviction (by Pat [VA]) Jan 22, 2018 5:03 AM
Eviction (by NC INVESTOR [NC]) Jan 22, 2018 12:52 PM
Eviction (by Barbara [VA]) Jan 22, 2018 3:41 PM
Eviction (by Clara [VA]) Posted on: Jan 21, 2018 7:18 PM
Message:
State Specific Question About: VIRGINIA (VA)
My tenant is not paying his rent on time and refuses to pay the late fee (which is clearly spelled out in the lease), just the rent. He owes me money. I'm not familiar with the procedures for moving to an eviction. Is there a special form that is needed for the Notice To Quit? --100.15.xx.xxx |
Eviction (by OPM [OR]) Posted on: Jan 21, 2018 7:24 PM
Message:
Hi Clara... typically this is State or even County specififc...l
You can search this form and also look for a free atty consult on AVVO.com or just call the courthouse good luck --162.247.xx.xx |
Eviction (by Clara [VA]) Posted on: Jan 21, 2018 7:49 PM
Message:
This house is in the City of Richmond. I checked under the city website and did not find a Landlord Tenant office or anything that sounds similar. --100.15.xx.xxx |
Eviction (by Moshe [CA]) Posted on: Jan 21, 2018 8:58 PM
Message:
There are probably legal requirements for what the notice has to say, in your state. If you don't get them right, you will not have fulfilled your legal requirements and the subsequent eviction will fail.
Best bet is to hire an attorney to advise you until you learn the ropes.
--47.139.xx.xxx |
Eviction (by Barbara [VA]) Posted on: Jan 22, 2018 2:55 AM
Message:
Keep in mind, for every court there may be some minor differences. Heck, for every judge there appears to be minor differences.
1. File a 5 day "Pay or Quit" notice. Make sure this notice specifically says "All money accepted with reservations". That phrase allows you to accept whatever amount and still continue with the court filings. So, if tenant pays all but the late fee, you can continue with your court filing. There is not a special form for this. You can write your own. Just make sure it says 5 day notice to pay or quit, has the amount due and how you got to it clearly stated.
2. On day 6 file your unlawful detainer.
3. If he owes you even a dime, go to court. Ask for possession. You don't have to immediately evict tenant, if granted possession you will have up to a year to execute it. This saves you from having to go thru the whole court thing again. It will save you time and money.
4. If you do plan on getting tenant out, ask for possession with a continuence to determine final amount due. This will give you the opportunity to adjust the amount due if the security deposit does not cover the whole amount.
5. Make sure all receipts/notices you give tenant say "all money accepted with reservations". That is sooooo important as it allows you to collect less than whole amount without losing your right to evict. --68.107.xxx.x |
Eviction (by David [KY]) Posted on: Jan 22, 2018 3:52 AM
Message:
In my opinion you have 2 options. For the next 1-2 days ready 12 hours a day and familiarize yourself with your state tenant/landlord laws and form a plan of attack or hire an eviction attorney and follow closely the process from start to finish so you learn.
You could also go down to the county courthouse where the rental is and talk to the clerk and ask them what the process is for eviction in that county. Read read read. There is so much to read being a landlord. Also do this immediately, do not let this drag out. --173.239.xxx.xx |
Eviction (by Pat [VA]) Posted on: Jan 22, 2018 5:03 AM
Message:
We just went through this. Yes, the first step is giving them the 5 day pay or quit notice. Just google search for a legal notice for Va 5 day pay or quit & print it off. Go to the General District Court office after the waiting period is over and file. It was 58.00 for us against one person, it will be more if there are more people named.(but if there are more people you need to name them or say John Doe so it doesn't hold up the process or you have to start over for them) It was about a 3 week waiting period to get the hearing (depends on your local court) Then you have to mail a copy to the tenant and the sheriff's office serves them a copy. Our guy didn't show so we were given a judgment. If yours contest it, it will delay it. Be sure you take proof of payments & dates you were lacking late fees. (Make copies of checks money orders, or your receipts, if you haven't been doing it start!) Hang in there. --71.51.xxx.xxx |
Eviction (by NC INVESTOR [NC]) Posted on: Jan 22, 2018 12:52 PM
Message:
google rvanews. they have the ll/tenant laws. --71.75.xx.xx |
Eviction (by Barbara [VA]) Posted on: Jan 22, 2018 3:41 PM
Message:
Pat (va) brought up a good point. It's on all my documents I just forgot to mention...consider tenants listed on lease and "all occupants". It will cost roughly $12 more but worth the security. --174.255.xxx.xxx |
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