Legal Question in Real Estate Law in Virginia
Eviction of Tenants
I notified the tenants six months ago, in writing, that I would not renew their yearly rental lease but would allow them to continue to occupy the premises on a month-to-month basis provided they would agree to abide by the conditions they had previously agreed to in the prior lease-- and also would agree to remove ten inoperable and unlicensed vehicles plus they had brought on to the premises, plus loads of debris they had accumulated. They ackowleged their agreement by signing and returning to me a copy of that letter.
Although I have informed them several times in writing during the past several months to remove the vehicles and debris or vacate the premises, they have failed to do so.
I know that I must give them thirty days notice, in writing, to vacate by a certain date. If, after giving such notice, they fail to vacate--what action must I then iniate? Do I need a court order or do I need to request help from the county sheriff or some other department?
Also, can I take action to have the vehicles and debris removed at their expense BEFORE they vacate the premises or must I wait until after they have vacated -- if the vehicles and debris are not removed?
Thank you.
1 Answer from Attorneys
Re: Eviction of Tenants
If this is your only rental property, you are legally allowed to use self help to evict (provided there is no breach of the peace, which is almost inevitable), but it's risky because any mistake resulting in a wrongful eviction can be very costly. So go to court. Can you remove the vehicles and debris? Maybe, if the lease allows it. But again, not if it results in a breach of the peace. Just give notice of termination, go to court, and then have the Sheriff do the eviction. Your best bet would be to hire a lawyer to do this.
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