How many days does the VA law require that I give her to pay the full amount due?
Full Question:
I have a tenant that has not paid her rent, I called her 3 times and went by the resident. I was told by her adult son he thought she mailed it to me. She has not made contact. I want to serve her with a NOTICE to PAY RENT or QUIT but how many days does the VA law require that I give her to pay the full amount due? I have a form that states not fewer than three days.
06/24/2007 |
Category: Landlord Tenant |
State: Virginia |
#6652
Answer:
You should carefully review the lease agreement to determine your rights and obligations regarding termination of the lease for nonpayment of rent.
The applicable Virginia statutes are as follows:
§ 55-225. Failure to pay certain rents after five days' notice forfeits
right of possession. —
If any tenant or lessee of premises in a city or town, or in any
subdivision of suburban and other lands divided into building lots for
residential purposes, or of premises anywhere used for residential
purposes, and not for farming or agriculture, being in default in the
payment of rent, shall so continue for five days after notice, in
writing, requiring possession of the premises or the payment of rent,
such tenant or lessee shall thereby forfeit his right to the possession.
In such case the possession of the defendant may, at the option of the
landlord or lessor, be deemed unlawful, and he may proceed to recover in
the same manner provided by Article 13 (§ 8.01-124 et seq.) of
Chapter 3 of Title 8.01.
§ 8.01-124. Motion for judgment in circuit court for unlawful entry or
detainer. —
If any forcible or unlawful entry be made upon lands, or if, when the
entry is lawful and peaceable, the tenant shall detain the possession of
land after the right has expired, without the consent of him who is
entitled to the possession, the party so turned out of possession, no
matter what right of title he had thereto, or the party against whom such
possession is unlawfully detained may file a motion for judgment in the
circuit court alleging that the defendant is in possession and unlawfully
withholds from the plaintiff the premises in question.