As a homeowner who rents their house to people in Virginia, you have to abide by the tenant’s rights provided by law. These rights exist so people do not get taken advantage of or mistreated by their landlords while they comply with the policies outlined in their rental agreement.
If you want to evict a tenant, it is best that you consult a landlord tenant attorney to examine the situation so they can advise you on the best approach and determine if you are within your right to do so. Landlord tenant attorneys in Virginia understand the law and can help you navigate issues with your tenants smoothly.
Managing properties and dealing with tenants can be challenging, and there are times when you will give them an eviction notice but they will refuse to go. If your reason for their eviction is one of the following, your request is very likely legally valid:
- Refusal to pay rent
If your tenant refuses to pay their rent when due, you can give them a five-day notice to either pay or vacate the apartment. If they do neither after five days, you are permitted by law to evict them.
- Damage to property
The fact that a tenant rents your apartment and promptly pays their rent does not give them the right to damage the property that came with said apartment or drastically remodel it. If they destroy property within the apartment beyond wear and tear from normal usage, you are legally allowed to give them a month’s notice to vacate the place.
- Non-adherence to the rental agreement
If your tenant breaks the rules listed in the rental agreement you both signed, you are permitted to issue a 30-day notice for them to rectify the agreement breach or vacate the apartment. If there is no significant change when the notice period elapses, you can start the eviction process.
- Involvement in Illegal activity
If you discover that your tenant is involved in illegal activity on your property, you are allowed to evict them immediately. Depending on the severity of the activity they are engaged in, you can decide to give them a grace period to plan to move out or demand that they leave immediately.
- Owner’s intention to sell, renovate, or convert the property
If you plan to sell the building housing an apartment you have rented out, you may have to issue a 90-day eviction notice to your tenant. This will give them enough time to find somewhere else to live since they probably were not planning to move anytime soon. The 90-day notice period also applies if you want to renovate the property or convert it to something other than a living space.
Endnote
Owning a rental property in Virginia does not give you the right to evict tenants on a whim. You have to adhere to the law and it will be best to consult a landlord tenant attorney for advice if you believe you have a valid reason for wanting to evict an existing tenant. Their legal council will direct your steps and help you avoid lawsuits.
