Legal Question in Real Estate Law in Virginia
Landlord in fear
My Grandfather has an apartment next to his house that he rents out. He has been renting it over the last year to a couple who have turned out to be nightmare tenants. He rents it on a month to month basis, and he has asked them to move out verbally but they refuse. He has had two thefts in his house in which he was on the property but away from the house and the tenants were the only others on the property. He filed a police report on the thefts but is afraid that if the police question the tenant he will become violent and hurt him, as the man has a tendancy to act violently. I need to know what my Grandfather can do legally to get these tenants out ASAP. Does he send the man a 30 day termination of lease letter via certified mail? If so and the tenants still refuse to move what can he then do?
2 Answers from Attorneys
Re: Landlord in fear
The first thing to do is terminate the lease. Please review the lease to make sure that it is a month to month lease. He must give 30 days notice... so if a lease started January 1st then it is valid until January 31st, and it is automatically renewed February 1st and so forth.... so if one wants to give notice then he needs to give notice before March 31st for a move out date of May 31st... if he waits until April 1st... then he loses a month! Notice is best given via certified mail return receipt requested. If the tenants refuse to leave then he must begin the eviction process. Not complicated... and at the courthouse they will pretty much lead him by the hand. If he has reason to believe that the tenant will become violent because of direct threats... then he can ask for a protective order that would keep the man at a certain distance from him.
Sincerely,
Tiziana Ventimiglia
Re: Landlord in fear
Your grandfather will need to evict his no longer welcome tenants legally, by filing what's called a Warrant for Unlawful Detainer in the general district court where the property is located. The clerk's office(civil division) will have all the necessary forms and may even offer some help to the requester as to how they should be filled out and filed.
Once the hearing on the matter has been held and a judgment awarded to your grandfather (with any unpaid rents which may be due) and a writ of possession secured from the court, if the
tenants still fail to move, your grandfather will then be able to summon the assistance of the local sheriff to physically remove these sluggards from the premises if they persist in their refusal to clear out from his property.
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