We are dealing with an alcoholic BF of a former tenant, that we reported domestic abuse on and she denied it, but ended up leaving in December. Lots of problems that I won't bore you with, but my husband wants him out. He's tired of dealing with him, he only paid part of the rent but I know I can't evict because of that.

DH talked to an attorney & he advised to send him a termination of lease letter with proof of mailing to that address, saying as LITTLE as possible. So, I get the 30 day notice thing, but am wondering if we need to wait until the first of the month, or go ahead & send it now? Should I mention the end of May, specifically?

Since GF has moved on, it's no longer a domestic abuse instance so none of that will be applicable in the eviction, nor is the alcoholism. You let him stay with those problems. I assume he stayed and is only tenant here. Follow the lease unless the problem is something specific that is severe enough of a violation to act early. If he's month-to-month, go for non-renewal. It's clean and gives you a clean, clear direction without having to prove violations.

Pat, I found the following on this site's link to Virginia's LL / Tenant laws. It seems very similar to MA law.

55.1-1253. Periodic tenancy; holdover remedies.

A. 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 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period. The landlord and the tenant may agree in writing to an early termination of a rental agreement. In the event that no such agreement is reached, the provisions of § 55.1-1251 shall control.

B. 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 may also recover actual damages, reasonable attorney fees, and court costs, unless the tenant proves by a preponderance of the evidence that the failure of the tenant to vacate the dwelling unit as of the termination date was reasonable. The landlord may include in the rental agreement a reasonable liquidated damage penalty, not to exceed an amount equal to 150 percent of the per diem of the monthly rent, for each day the tenant remains in the dwelling unit after the termination date specified in the landlord's notice. However, if the dwelling unit is a public housing unit or other housing unit subject to regulation by the U.S. Department of Housing and Urban Development, any liquidated damage penalty shall not exceed an amount equal to the per diem of the monthly rent set out in the lease agreement. If the landlord consents to the tenant's continued occupancy, § 55.1-1204 applies.

C. In the event of termination of a rental agreement where the tenant remains in possession with the agreement of the landlord either as a hold-over tenant or a month-to-month tenant and no new rental agreement is entered into, the terms of the terminated agreement shall remain in effect and govern the hold-over or month-to-month tenancy, except that the amount of rent shall be either as provided in the terminated rental agreement or the amount set forth in a written notice to the tenant, provided that such new rent amount shall not take effect until the next rent due date coming 30 days after the notice.

1974, c. 680, § 55-248.37; 1977, c. 427; 1982, c. 260; 2004, c. 123; 2005, c. 805; 2009, c. 663; 2013, c. 563; 2019, c. 712.

Thanks, Steve, that is the section I was looking for, just couldn't quite get it. I did find the one about commercial rentals, that did mention something about "prior to the next rent due date".

Send your notice of non-renewal to both the tenants "and all others in possession".

Send it now, even though you could wait two more weeks (assuming rent is due on the first). That will give him more time to move, and deflate any claim he makes that he didn't have enough time - you gave hime more than required.

If he doesn't pay the last month's rent, he wouldn't pay it whether you give notice now or in 2 weeks.

Remember the other things you need to include now. Have you already given them a copy of the Tenant's Rights document? Also include:

Please be advised that all rent payments received will be accepted with reservation and without prejudice and shall not constitute a waiver of the Landlord’s right to: terminate your possession for your failure to pay rent, to terminate your possession for any other breach, and/or to proceed against you in Court for unpaid rent, late fees, attorney’s fees, court costs, damages and/or possession of the subject premises.

and

RENT RELIEF MAY BE AVAILABLE TO YOU. You should apply to the Virginia Rent and Mortgage Relief Program - h t t p s ://www.virginiahousing.com/RMRP - if you have not already. The phone number to call to inquire is 2-1-1. The landlord, owner, or agent may apply on behalf of the tenant to the Virginia Rent and Mortgage Relief Program or the landlord will cooperate with the tenant, if the tenant is applying.

In my experience, it is much easier to get possession for holdover, rather than unpaid rent. Then also get a judgement for unpaid rent included as damages.

Actually, the paragraph about rent relief wouldn't be needed for a notice of non-renewal. That was for non-payment of rent.

Thanks, yes sooner is better than later. He had been paying but he does stupid stuff like buying a car instead of paying his rent & he doesn't have a driving permit.

So, like I've heard on here, let him live in his car.