Legal Question in Landlord & Tenant Law in Virginia

Re: Pay or Quit notice

Probably yes, but it would not be my first choice.

First, of course you can send anything you want

encouraging people to pay. The real question you

are asking is whether such a notice will legally

SATISFY the requirement for posting a pay or quit

notice for the purpose of later proceedings. You

can certainly post a "pay or quit" notice hoping

to remind people to pay. The real question is

whether it will be INVALID for the purpose of

later proceedings. In other words, a reminder

that people forgot to pay is always allowed.

But would you need to post another notice on day

6 or face the risk that your later eviction

proceedings would fail as being legally defective.

Second, it really depends on the exact wording of

your lease. If it sounds like rent will be

ACCEPTED up until the 6th day, then the

implication MIGHT be that the tenant is not

actually in breach of the lease until day 6.

That is, they might incur a late fee but still

otherwise be in compliance with the lease. That

is why I say the exact wording of the lease

matters.

You should not put a legally "real" pay or quit

notice until the tenant is actually in breach.

On the one hand, the lease could mean that

the person has BREACHED the lease on the 2nd day,

but will incur an additional penalty after day 6.

On the other hand, the lease could be interpreted

as the person has a RIGHT to pay up through day 6

but there will be an additional penalty due on

day 6.

So the way the lease contract will be interpreted

is going to decide the issue. Is the tenant in

breach of the lease contract on day 2? If so,

yes, you can begin eviction. If the tenant has

the right to pay up through day 6, then no.

Second, if there is any doubt about it, it would

be better to not take the chance.

Third, however, I doubt that the court would give you any trouble. Most courts do not pay attention

to such fine distinctions, although they should.

problem if you did

Re: Pay or Quit notice

If your lease is governed by the Virginia Residential Landlord Tenant Act(VRLTA), you could serve your five day pay or quit notice on the 2nd, 5th, etc., and the tenant would have five days to pay up from the date of being served with this notice.

However, if your aforementioned delinquent lessee then failed to come up with the required amounts, he or she would be entitled to no further notice prior to you as landlord undertaking one or more of the actions outlined in Va. Code Secs. 55.248.31 and 55.248.35 in order for you to regain possession of your premises and to secure a judgment for past rents due and also, perhaps, for any damages occasioned by the tenant's breach.