Legal Question in Real Estate Law in Virginia
Sewer Service Company threatening to cut service
I own one home in Dale City Virginia that I rent to a couple. I recently recieved a letter at my home address from the company that provides their sewer service. The letter is addressed to the tenants stating that this company will stop providing service if the past due amounts are not paid by a certain date. As a landlord, since this would be a obvious health hazard if the balance is not paid in time, would it in my rights for me to go to court to request eviction if the service is terminated due to failure of the tennants to pay the bill? The letter was probably sent to me as I am in a program with many of the utilities to alert me if the tenants drop their service and I presume that this company also notifies landlords if the service address is threatened with a termination of service.
1 Answer from Attorneys
Re: Sewer Service Company threatening to cut service
Yes, it sounds as if such a failure on the part of your tenants to keep the sewer service working would likely be a material breach of the lease and grounds for evicting them and awarding you a writ of possession, but without actually reviewing the lease document itself, it would be difficult to say with greater certainty. (However, it would also seem incumbent upon on you as the landlord to apprise your tenants of this situation before the service is actually disconnected, now that you yourself have received this notice from the sewer servicing company.)
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