I've gotten my first call of the "season" already. A landlord/property owner who has a non-paying tenant and he is tired of dealing with his "dead-beat" and wants a property manager. I get about 4 or 5 of these calls a year and sometime they are referred by local real estate agents and sometimes they get my name from another property owner/landlord at work.
I gently refer them to an attorney who knows VA landlord tenant law and suggest that once they have removed their problem tenant, let me know and I'll come give them a rental property assessment.
A landlord may bring an action to recover possession of a rental unit for cause for one or more of the following reasons:
1. The tenant has failed to pay the rent to which the landlord is entitled.
2. The tenant has violated a provision of the rental/lease agreement, other than the obligation to surrender possession upon proper notice, and has failed to cure such violation after having received written notice to do so from the landlord.
3. The tenant is committing or permitting to exist a nuisance in or is causing damage to the rental unit or to some component of it, to the common areas of the complex containing the rental unit; or he or she is creating an unreasonable interference with the comfort, safety or enjoyment of any of the other residents of the same or nearby buildings.
4. The tenant is using or permitting a rental unit to be used for an illegal purpose.
5. The tenant, who had a written lease or rental agreement, that has expired, has refused after a written request or demand by the landlord to sign a written extension or renewal of the lease or rental agreement.
6. The tenant has refused the landlord reasonable access to the unit for the purpose of making repairs or improvements, for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental unit to a prospective purchaser or mortgagee.
7. The person in possession of the rental unit at the end of a lease term is a subtenant who was not approved by the landlord.
8. The landlord wants to recover possession of the rental unit for the use and occupancy by the landlord, or the landlord’s spouse, children, parents, or for a resident manager.
9. The landlord wants to recover possession in order to demolish, or perform other work on the building or buildings housing the rental unit or units that would make the unit uninhabitable.
10. The landlord wants to remove the rental unit from rental housing use.
Bad tenants do not just get to hang on until they can weezel some other landlord into letting them live for free. The above 10 reasons provide plenty of ammunition for getting rid of an undesirable tenant.
But here is number 11, and the easiest REASON of all.
The first 10 reasons are necessary only if you have a lease or are otherwise prohibited from simply terminating a tenancy. Almost every state provides a no-cause termination. Notice times range from seven days to 60 days, depending on state law. That means all you have to do is give the tenant notice to move out after the prescribed notice period, and you don’t have to give any reason at all.
Keeping a bad tenant does neither you, your investment nor your good tenants any benefit. We are all well served to clean out any bad tenants who infect our properties.
Wallace S. Gibson, CPM * GIBSON MANAGEMENT GROUP, Ltd.
Central Virginia
LandlordWhisperer
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"...to be a Virginian, either by Birth, Marriage, Adoption, or even on one's Mother's side, is an Introduction to any State in the Union, a Passport to any Foreign Country, and a Benediction from the Almighty God...." Anonymous
It's unfortunate, but necessary that we refamliarize ourselves with these.
Janice * 'tis the season to Evict!!! Doing it NOW is easier than doing it later when there are fewer rental homes for "dead beats" to move into...
Wallace.....you did a fine job of spelling out what needs to be done and for what reasons it can be done.....however, the courts in my area have always been lenient toward tenants with children, even if they are older children.....I know people who went to court with their tenants and the tenants had many months to vacate....they finally left and damaged the property on their way out!!!
PRO tenants are EVERYWHERE and they know how to work the system. Landlords who find themselves needing to evict a tenant needs to get a landlord-tenant attorney * NOT a real estate attorney * ASAP who can work the system as well if not BETTER than the tenant!!!
Excellent featurable article here Wallace. This is useful fodder for your website for future prospects! Regarding using a specific Attorney... we have one who does an excellent job in taking care of this for us and we never have to appear in court. It's essential to have one in order to survive in property management!