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  1. #1
    Join Date
    Oct 2017
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    1

    Post What to Do if a Tenant Does Not Move Out After Being Given Notice to Vacate

    My question involves landlord-tenant law in the State of: Virginia

    My tenant gave me a 60 day notice to leave, which would fall on Dec 1. That is the worst time of year, so I have given my tenant a 30 day notice to move out Oct 30. to allow time for me to clean and get a new tenant in before the holiday season. I have already aligned a new tenant to lease the property and have a signed Lease to start 1 week after current tenant's notice for cleaning of house.

    Current tenant has notified me that they cannot find a place to live and thus are not moving out. They have said they would pay the rent for another month and would move out then, but that would cause me to possibly not have a new tenant in the space, when I had one lined up already. The current tenant is also threatning to squat, which would mean I would have to start the eviction process, which would take about a month as well. (sucks that most of the laws favor tenants). Now I have lost my new tenants because they need a place and am stuck with this crappy tenant who has me in trapped.

    My question is

    1) If I keep their additional month's rent, do I have any additional rights as I did have a lease already executed with new tenants, and now I may incur lost rent? Can I keep their security deposit for the lost rent? Or does me accepting the additional rent automatically extend the lease by 30 days even if a notice was given?

    2) If I do keep their additional month's rent, Does the fact that I already had lease signed for a new tenant factor in and can I seek for additional "damages" for lost rent?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: What to Do if a Tenant Does Not Move Out After Being Given Notice to Vacate

    If you gave proper notice, and they do not move by the end of your notice period, you can commence an eviction case. Fairfax County provides an overview, here.

    If you prefer not to take them to court, then what you would apparently need to do is negotiate a move-out date and a mutually acceptable financial resolution.

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