So here is my quandrum. I told my tenant nine months ago that I was not going to be renewing their lease on the last 60 days of their lease I sent them another letter saying that I still expect them to be out by November third which is the last day of their lease and that they are not to expect less month's rent to come out of security deposit as the lease also reads. Of course I get the argument come October 1st that they expect us to take the last month's lease payment out of security deposit I told him no and to reread their lease also the letter I sent them I have yet to receive a rent payment so on the first day of late rent I posted a demand for possession for non-payment of rent that gave him seven days to pay the rent or move out. They didn't so I went to court and submitted the summons complaint and all the necessary paperwork we have a court date now on November 6th. Here's my question if they show up in court and pay all the rent do I was told by the lady working at the court that I have to let them stay however if they're lease ends on November 3rd and the court date is 3 days after that they're technically out of contract so I asked her do I need to resubmit and try to get possession because now they're hold over tenants and she basically just replied no if they pay the rent you have to let them stay. I'm not sure what to do in this situation I've only had one other eviction and I'll pretty much handled pretty easily because he was a hold over tenant at this point when the court date comes up they'll be behind two months rent which they'll have to pay in court but I really want them out I really don't care about the money any ideas on how I should handle this because if I go on November 4th which is the day after their lease ends I noticed to quit would be 30 days and if we're already going to court on Wednesday I don't even know if that would apply.

Not sure we should accept legal advice from this clerk. Follow. Get paid and get them out or at least get the judgment and get them out

Here in VA, we can accept $$ with reservation - so it does not stop the eviction.

Unlike NY & Ken's experience.

The point is that you need to know YOUR state's laws.

You will see a link in the upper left area of this page: "Landlord/Tenant State Laws"

Duplicate post got me again. Here is my advice, which has been said already:

I would think that you should have just filed eviction because of a violation or simply that you want the place back.

By saying it is for lost rents they might be able to stay.

Guess it is all up to the judge now. Make sure you have all your documentation showing that you gave ample notice and they admitted they got it.

Situatins like this are why I recommend first-timers (or in your case, a second-timer who had an easy eviction the first time) use a local, experienced, landlord/tenant attorney who is in court evicting people on a daily basis. We call them "eviction mill" law firms where I come from.

Based on the story--and I do apologize in advance if I misunderstand some of the facts... the punctuation above is sorely lacking and makes it confusing--you gave them notice to be out and they didn't leave. But their lease hasn't expired yet, so they're not holdovers yet. They will be holdovers in about 4 days. THAT'S when you can file for possession because of a hold over situation.

As of now, the only violation is they haven't paid rent, so if they pay the rent (plus late fees) then they will get to stay. You will then have to file a new petition and give a new reason why the court should remove them. Hopefully your court would also require the court fees to be paid at the same time, but I've seen where sometimes that has to be requested separately on a different petition.

The bright side is this: you've gone a long time with no evictions. Yay! But if you don't know what you're doing or how to proceed, then I highly recommend hiring an eviction mill law firm to get them out. Fighting disagreeable tenants in court is not for the timid or the inexperienced. I'm not saying you're timid, but you will be required to put up with a LOT of their shenanigans, including them using every delay tactic imaginable. It could end up taking months. A good attorney will cut through that ASAP.

Good luck!

I would proceed and let the judge figure it out. Agree with Sid on at least consulting an attorney. Have to also know they state laws. Here, once I file for eviction, I do not have to accept rent. They are forced to go to trial and get an eviction on their record. I can accept it, but it stops the eviction. I can refuse it and it still continues on. So, be sure to know how your state works.