[VA] [VA] How do I go about terminating a lease for a noncompliant tenant?
Yes hello I am a landlord in Virginia. I have a tenant who is only renting my basement bedroom, bathroom, and kitchenette. However, he has taken over the entire basement. Keeps bringing in more and more stuff. I confronted him about it in April but no improvement. I spoke to him again last week and he got rather upset and angry. And Sunday I gave him the 30-day notice to vacate, which made him even more upset.
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You will first want to give them a written notice to vacate (VA Code § 55.1-1245(A)). If they do not vacate in the notice period, you will then file for an eviction at your local small claims court. You will fill out and file the eviction complaint/petition. You will then have it served on your tenant. You would be evicting because your tenant is causing these issues for you that you noted above. The judge will schedule a hearing and determine if your tenant should be evicted.
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Yes hello I am a landlord in Virginia. I have a tenant who is only renting my basement bedroom, bathroom, and kitchenette. However, he has taken over the entire basement. Keeps bringing in more and more stuff. I confronted him about it in April but no improvement. I spoke to him again last week and he got rather upset and angry. And Sunday I gave him the 30-day notice to vacate, which made him even more upset.
Lexi, Chatbot
Hi there! I’m sorry to hear about the situation with your tenant. Has the tenant responded to the 30-day notice to vacate in any way?
And furthermore, he also used racial slurs and homophobic language.
Lexi, Chatbot
Have there been any previous instances where the tenant has violated the terms of the lease agreement before this issue with taking over the entire basement?
His rent was almost always late.
Lexi, Chatbot
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with your tenant issue.
My tenant was arrested in 2023 for a DUI and damaging public property. My fear is that he will do the same to my basement or me.
And I do not appreciate his racial and homophobic slurs.
Charlie
Hello, my name is Charlie, and I am a licensed attorney. I would like to welcome you to AskaLawyer!
Charlie
Do you have a lease with the tenant?
Yes I do.
Charlie
How much time is left on the lease currently?
Expires on September 27, 2025.
Charlie
Did your tenant tell you if they would vacate?
I told them they have 30 days to vacate. Gave the notice on Sunday, May 11, 2025. They didn’t react well.
Charlie
Did they respond?
Came up with racial slurs and homophobic slurs. Said they won't vacate. And that the police would have to drag him out of the house by force.
Charlie
Got it. You will have to wait until the notice expires and then file the eviction.
Correct, that's what I was told.
Charlie
Right, that is the law.
Does the 30-day notice work even if it is not a month-to-month lease?
Charlie
Yes, if the tenant is not following the lease and you are terminating for those reasons.
It also says on my lease that both myself and the tenant can terminate the lease at given time without reason or cause.
Charlie
That's good, but you still have to do the notice and wait for it to expire, then file an eviction.
Charlie
I am sorry to hear of this issue. Here is the answer to your question:
Charlie
You will first want to give them a written notice to vacate (VA Code § 55.1-1245(A)). If they do not vacate in the notice period, you will then file for an eviction at your local small claims court. You will fill out and file the eviction complaint/petition. You will then have it served on your tenant. You would be evicting because your tenant is causing these issues for you that you noted above. The judge will schedule a hearing and determine if your tenant should be evicted.
Charlie
If at any time you need an attorney to assist you, you can find a local attorney by contacting your local bar association and asking for a referral to one. You can also contact your local legal aid society, as they offer free and low-cost services in these cases. Another good resource is to contact your local law schools, as they often have clinics with attorneys that will assist in these types of cases.
Charlie
My ultimate goal during our conversation is to ensure that you clearly understand the next steps to take in this matter. Please let me know if you need any clarification on the next steps or have any follow-up questions, as I will be very happy to assist you further.
Charlie
If you have any questions about the information provided above, please let me know.
Charlie
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