Legal Question in Landlord & Tenant Law in Virginia

Two-fold question: I gave more than 30 days written notice to quit in which I specified that the rent would continue to accrue until the tenant and all his property was vacated, that late fees would begin to be charged as of the date of the notice, and interest would begin to accrue. The late fees and interest were not part of the month-to-month lease. I submitted a copy of this notice and a five day notice to quit with the sheriff�s department (not knowing that was unnecessary) and am now proceeding with a writ of unlawful detainer. I just found out the process to evict this tenant could take several more weeks. Under the terms of the verbal month-to-month lease the tenant paid his rent biweekly. At the same time I have submitted a claim in Small Claims Court for overdue rent and damages. Can I continue to charge rent?

Am I legitimately within my rights to continue receiving the biweekly rent until the terms of the notice to quit are satisfied?

When we rented a room to this tenant, it was with a verbal agreement of XX dollars per month, including utilities, and paid biweekly. A couple months after moving in, the tenant decided he was paying too much, and reduced the amount he was giving me. After numerous arguments over the cost, I stopped fighting him and accepted the amount offered because I wanted to keep the tenant more than I wanted to fight him. Do I have any right to the outstanding money that he �shorted� me each month? I am in the process of evicting him under Virginia law and have filed in Small Claims Court for several rental periods in which he paid nothing, as well as damages to the house. We did not require a security deposit upon move-in.


Asked on 3/15/11, 10:38 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

I would answer no to your query as to the amounts which this tenant

allegedly "shorted" you in the previous months and which you apparently

waived by agreeing to accept these reduced payments as his rent for those

particular rental periods involved.

However, if the tenant continues to remain on the premises without

paying, you should be able to orally amend your Warrant for Unlawful

Detainer on the morning of your small claims court hearing by requesting that the judge update your damages for these rents that remain unpaid as of the time of that hearing.

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Answered on 4/02/11, 8:24 am


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