What can I do if the tenant does not vacate when he is suppose to?
Full Question:
I have a tenant whose lease ends 1 Dec 2007. I went to the rental unit to check the progress of the tenant and I have reason to believe that the tenant has no intent to vacate the premises at the end of the lease agreement. What should be my next step?
11/30/2007 |
Category: Landlord Ten... ยป Lease Termin... |
State: Virginia |
#13119
Answer:
The following are Virginia statutes:
§ 55-248.20. Tenant to surrender possession of dwelling unit. —
At the termination of the term of tenancy, whether by expiration of the
rental agreement or by reason of default by the tenant, the tenant shall
promptly vacate the premises, removing all items of personal property and
leaving the premises in good and clean order, reasonable wear and tear
excepted. If the tenant fails to vacate, the landlord may bring an action
for possession and damages, including reasonable attorney's fees.
§ 55-248.36. Recovery of possession limited. —
A landlord may not recover or take possession of the dwelling unit (i)
by willful diminution of services to the tenant by interrupting or
causing the interruption of electric, gas, water or other essential
service required by the rental agreement or (ii) by refusal to permit the
tenant access to the unit unless such refusal is pursuant to a court
order for possession.
§ 55-248.37. Periodic tenancy; holdover remedies. —
A. The landlord or the tenant may terminate a week-to-week tenancy by
serving a written notice on the other at least seven days prior to the
next rent due date. The landlord or the tenant may terminate a
month-to-month tenancy by serving a written notice on the other at least
30 days prior to the next rent due date.
B. If the tenant remains in possession without the landlord's consent
after expiration of the term of the rental agreement or its termination,
the landlord may bring an action for possession and may also recover
actual damages, reasonable attorneys' fees, and court costs, unless the
tenant proves by a preponderance of the evidence that the failure of the
tenant to vacate the dwelling unit as of the termination date was
reasonable. The landlord may include in the rental agreement a liquidated
damage penalty, not to exceed an amount equal to the per diem of the
monthly rent, for each day the tenant remains in the dwelling unit after
the termination date specified in the landlord's notice. If the landlord
consents to the tenant's continued occupancy, § 55-248.7 applies.
C. In the event of termination of a rental agreement and the tenant
remains in possession with the agreement of the landlord either as a
hold-over tenant or a month-to-month tenant and no new rental agreement
is entered into, the terms of the terminated agreement shall remain in
effect and govern the hold-over or month-to-month tenancy, except that
the amount of rent shall be either as provided in the terminated rental
agreement or the amount set forth in a written notice to the tenant,
provided that such new rent amount shall not take effect until the next
rent due date coming 30 days after the notice.
