State Specific Question About: VIRGINIA (VA)

I purchased the property last year with tennants living there already. So the lease contract automatically transferred to me from previous owner. Now my tennant refuses showing the property to the new prospective tennants. her lease will expire in June 2009 (less than 60days)

It's been two weeks that I had not been able to show the property to anybody since it is less than 60 days to end of the contract.

One more thing.

Give her a written notice to "Cure or Quit" with reference to the "Access" clause in the lease. If it was me, I would also state in this notice that if she continues to refuse access, you will hold her responsible for damages caused by your inability to secure a tenant, and you will proceed with legal action to enforce your rights under the lease. Keep records of the prospective tenants you spoke with, notes to the effect that these people needed a place immediately, cost of any advertising, etc. to prove your damages later.

If it happens again, you are faced with following through with your threat - lease termination and eviction. Timing is important - if you have to do this, you don't want to do it until you have the June rent in hand. Or you may choose to just let her cause you a problem for the month of June and go after her for damages of you not being able to secure a tenant for July.

Be careful with this. You sound like you have the right to access, but sometimes exercising a right is worse than keeping a bad situation from becoming a nightmare.

For example, say you sent the "Cure or Quit" threat and tenant decides to call your bluff. What then? Evict a paying tenant? That'll make showing the unit double difficult b/c she will probably refuse entry, trash the place, and/or behave spitefully to get back at you. So you really won't have gained anything.

I only show units when tenants and I are in a good relationship. I also offer this incentive: $100 referral/good-housekeeping bonus if I'm able to rent the unit to a new tenant before the current tenant vacates the building.

I tend to focus on maintaining control, but I have to say that I think sid's advice is more appropriate than mine at this point. Sometimes you have to take the easier route, and that's what sid is suggesting.

First - do you have all of the keys to the house? If not, give her 48 hours to provide the keys OR have the locks change by a professional locksmith and THEN give new keys to residents.

Second - if you DO have all of the keys, then the latch is no big deal.

Last - you just have to give notice and she does NOT have to be present.

Sid, James, and Hamlet.

Thanks for the advices.

They are really helpful. I believe my first goal is not to lose $$$ and second is to avoid conflict.

LOL "as I hate her" Go ahead and vent. That is one of the reasons we are here. We have all vented to the roof tops in the past. Does a LL good.

She probably won't be able to refer a qualified tenant that you do sign a rental agreement with to receive the $100 bucks bonus.

But offering it may appeal to her greedy side and she may change her tude in order to have a chance at the $100.

My concern is that she is planning on holding over and not paying rent. Hopefully if that happens you can in your State charge holding over fees. Collecting that money after you get a judgment is another story though.

You only have to give 24 hours notice. Personally, I would just wait until she is out of the place. If she wants to be a (bad word) let her be. You don't want her running off potential renters. But I would hit her security deposit up for every single solitary little penny I could legally hit it up for.

If your male, do not enter the property without a witness while she is there. She sounds like the kind to cry wolf.

She enters through garage and not the front door. I have the front keys but not the garage door keys since it is automatic. They have garage opnner. Not me....Locksmith could not open garage door since it is automatic one. The technician told me.

Your advice is really important for entering the house with witness.

Since she is not home during weekends.

I would have keys to all doors.

My feelers say there is something else going on here. Maybe there is something in the house she doesn't want you to see! (growing marijuana? cat or dog? extra person living there? stolen goods? she has painted everything red and black?)

Also I feel it is a 'control thing' with you Amir. She has challenged you multiple times and you feel THIS time you must win! But, this close to being truly rid of her--is the time you shd NOT be pushing--it is the exact time you shd be cool and let time work FOR you. You will NOT (and SHOULD not) get a tenant pre-signed up for this place under these conditions. If fact, if you did and she stays, you will inconvenience the new tenant and make yourself look incompetent, because you cannot enforce her to be out on time! They only way to handle a difficult tenant is to NOT ANTAGONIZE (prompting her extreme bad behavior) and wait till SHE is in the wrong and you are 100% in the right.

If you do things this way, she will feel that she is in control, therefore forestalling bad behavior, and she will most likely be out on time.

My tennant is not horrible though. She has two big dogs not being friendly. She does not seem liking to secure the dogs when she os not home.

She always pays ontime hours before due date. She just wants her freedom and does not like to receive calls from me. I try to communicate things with her. She has poor communication.

The good news is we scheduled the time for showing the house today. We will find out if she would be cooporative this time around.