Not sure - Landlord Forum thread 351671

Not sure by Anonymous (VA/) on April 15, 2017 @13:06

Bought a property cash in the hopes of flipping it. Closed on the house on 3/15. House had an existing tenant with lease expiring on 3/30. Tenant was made aware of non renewal of lease by mail and verbal by old owner and myself. March 30th comes no one budged. Sent cert letter letting them know they have to vacate by 4/15 just checked on the property they are still there. What is my course of action here? Can I get them charge with trespassing at this point?

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Re: Not sure by Kat (WI) on April 15, 2017 @14:41	[ Reply ]

§ 55-248.20. Tenant to surrender possession of dwelling unit. The following is from the http://www.dhcd.virginia.gov/images/Housing/Landload-Tenant-Handbook.pdf 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. So it sounds like time to either hire a lawyer familiar with the local court procedures or to visit the courthouse for some forms and start the eviction process. In the meantime, quit extending the time to them with new pointless letters that they will ignore.

Re: Not sure by LL (CA) on April 15, 2017 @15:46	[ Reply ]

While I'm not personally familiar with VA laws, it sounds like your tenants are not moving. First thing Monday morning you need to contact a lawyer who is familiar with evictions in your area. You cannot call the police and have them arrested for trespass. They are holdover tenants who need to be evicted. Be prepared for them to be there a while longer. I hope they aren't for your sake.

Re: Not sure by Anonymous on April 16, 2017 @13:54	[ Reply ]

They're not trespassing. you need to evict.

Re: Not sure by P-Bone (NY and OH) on April 17, 2017 @08:50	[ Reply ]

I am not familiar specifically with VA law, but it was my understanding that even if a lease was ending, it was still required to notify the tenant in the correct amount of time (30 or 60 days) that it would not be renewed. If this was not done until March 15th at the earliest, it would be my opinion that the tenant would go month-to-month since proper notice was not given, but that the end of April or April 15th (whether it is a term or literal state). Regardless, if none of this was done formally, in writing, then it's my opinion that adequate, correct notice has not been provided. I would suggest all aspects of the law be followed and/or inquire with an attorney to proceed.