Legal Question in Landlord & Tenant Law in Virginia

Tenant eviction

Under what circumstance can you evict a tenant. They have been shot at while living on my property. They always pay the rent about 5 to 10 days late, and have not paid the late fees. They have a pet that they refuse to pay the pet deposit for. And one of her children showed my child a gun. That same child is hanging with a child that pointed a gun at my child.


Asked on 7/16/05, 7:17 am

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Tenant eviction

What does the lease say? I would assume that

these actions are a violation of the lease,

including not paying the late fees and not paying

the pet deposit.

You can evict a tenant for ANY violation of the

lease, monetary or otherwise.

The lease is the plan that you AGREED to with

the tenant. So if the lease does not address

the question of guns and such, then it is not

a violation of the lease.

So you need to study the lease. If there is

ANY violation of the lease, it is grounds for

eviction.

However, you must give them a "5 day pay or

quit" notice which demands that they cure

any violation, for example paying the late fees

and pet deposit, and give them a chance to fix

it.

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Answered on 7/17/05, 10:09 am
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: Tenant eviction

Very likely all of these are circumstances for seeking eviction.

1) engaging in activities that threatens the quiet enjoyment of other tenants

2) non payment of fees as called for under he lease. Late fees often are "additional rent" & thus the rent is past due.

I suggest having the lease reviewed by an attorney before commencing an unlawful detainer action.

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Answered on 7/16/05, 8:39 am


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