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  1. #1
    Join Date
    Dec 2006
    Posts
    24

    Question Rent late can I evict?

    My tenants always pay their rent late and have paid it within the 3 day grace period after the due date. That is except for the last two months. In Dec they paid late but outside the grace period and for the month of January I sent them a five day pay or quit by email. I did not send it by registered mail. In the state of VA it states that I must provide written notice "five day pay or quit' to start the eviction process. If they pay but late like for the month of January, 17 days late, can I still evict them?

  2. #2
    panther10758 Guest

    Default Re: Rent late can I evict?

    Yes rent is due on a certain with "grace" period you mention. If tenant cannot pay on time then yes you have a breach of contract (lease) and can begin eviction process. It might be easier though rather than eviction is first give tenant a written notice to vacate the time in which to vacate varies by State so check your local lawas first. If you have a lease that has not yet expired you can still give this notice as you have a breach of contract by tenant. A quick call to an Attorney who works with Landlord/Tenant disputes should help do this right

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Rent late can I evict?

    In many states, if the tenant is being evicted for nonpayment, and the landlord accepts payment in full prior to the court date, the case would be dismissed. I haven't verified the rules for Virginia.

  4. #4
    Join Date
    Dec 2006
    Posts
    24

    Default Re: Rent late can I evict?

    If I except the rent when it is late I cannot evict that is something I will have to keep researching.
    Thank you for your replies

    BH

  5. #5
    panther10758 Guest

    Default Re: Rent late can I evict?

    How long of a lease did they sign and how much time is left?

  6. #6
    Join Date
    Dec 2006
    Posts
    24

    Default Re: Rent late can I evict?

    They signed a one year lease and they have 7 months. They refuse to pay the late fee.
    The Dilemma is that I am in the military serving overseas and I will not be home until their lease expires. I would like to ask them to leave without going through the eviction process because it will be expensive ( I will not be there).
    How do I get them to agree to leave early on their own and then hold them to that?
    I called their job last month when I could not get a hold of them at home only to find out they have not worked there for over two months. I asked for the telephone number of their new employer twice. It is stipulated in the lease they have to provide that to me. They still have not provided that to me.
    I would like them out by asking them to leave like in either 30 or 60 days. This way we can both avoid going to court.
    They do not honor the lease.

  7. #7
    panther10758 Guest

    Default Re: Rent late can I evict?

    If they are not paying rent on time they are violating lease. Talk to a Landlord/Tenant Attorney to see if this is grounds to erminate lease and give them notice

  8. #8
    Join Date
    Dec 2006
    Posts
    24

    Default Re: Rent late can I evict?

    How do you go about finding a knowledgeable Landlord/tenant attorney in my area? I have read that trying to get an attorney through my local County Bar Association will not give me necessarily a qualified attorney.
    Any suggestions/recommendations are most welcome.

    Thank you,
    BH

  9. #9
    panther10758 Guest

    Default Re: Rent late can I evict?

    Years ago I had a rental issue and I found a knowledgable Attorney who was a grea thelp in yellow pages of all places. Your situation is not that difficult so just see who is local in your area. You might laso call Apartment Managers etc locally and ask for recommendations of Attorneys in your area

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