 Lease and Tenancy (by Nancy Neal [VA]) May 10, 2014 5:43 AM
 Lease and Tenancy (by DIXIE [KS]) May 10, 2014 7:12 AM
Lease and Tenancy (by V [OH]) May 10, 2014 7:16 AM
Lease and Tenancy (by Nancy [VA]) May 10, 2014 11:18 AM
Lease and Tenancy (by Ken [NY]) May 10, 2014 11:51 AM
Lease and Tenancy (by Mike45 [NV]) May 10, 2014 2:21 PM
Lease and Tenancy (by Nancy [IN]) May 11, 2014 9:47 AM
Lease and Tenancy (by Barbara [VA]) May 12, 2014 5:02 AM
Lease and Tenancy (by Nancy [VA]) May 12, 2014 5:40 AM
Lease and Tenancy (by DIXIE [KS]) May 13, 2014 9:12 PM
Lease and Tenancy (by Nancy Neal [VA]) Posted on: May 10, 2014 5:43 AM
Message:
State Specific Question About: VIRGINIA (VA)
I had two tenants move in and sign a 2 year lease. The tenants were brother and sister who had lived together in a prior property. The sister is very busy: natl guard, nursing school and work. Her brother worked part time and was home more and was to assist in taking care of the sister's small bulldog. The brother has moved out. The sister now wants me to approve a friend to move in the property who is as busy as she is. No one will be home with the dog. The lease states I have to approve any new tenant, and that I can revoke pet privileges if the pet is not being handled responsibly. I am doing a walk through tomorrow. I want to sell the property.Am I obligated to let the sister solely fulfill the lease if the application was approved with two incomes? I am not questioning the sister's ability to pay without the brother's income. As the brother has already moved- and I don't want to approve a young non-family member, can I just give the sister her 30 day notice because of rent instability? Thank you --216.54.x.xxx |
Lease and Tenancy (by DIXIE [KS]) Posted on: May 10, 2014 7:12 AM
Message:
Did the brother "sign" the lease?
If he did, then they are not "fulfilling" their lease and yes you can give them a 30-day notice to vacate. --70.195.xx.xx |
Lease and Tenancy (by V [OH]) Posted on: May 10, 2014 7:16 AM
Message:
Selling with larger dogs is tough, what about income alone? Hopefully your lease had jointly and severally, which now could go 3 ways with the legal wording in the occupant addendum, be sure of your local and state tenant laws. --75.94.xxx.xxx |
Lease and Tenancy (by Nancy [VA]) Posted on: May 10, 2014 11:18 AM
Message:
Thank you both. Yes, the brother signed the lease. I will plan on issuing the 30 day tomorrow.
Thank you. --216.54.x.xxx |
Lease and Tenancy (by Ken [NY]) Posted on: May 10, 2014 11:51 AM
Message:
I don't see a judge granting an eviction because you don't like that the brother moved and she has less time to care for the dog.Your only concern is the rent and the dog not creating damage beyond that it is not the landlords concern if someone moves out. --24.92.xx.xxx |
Lease and Tenancy (by Mike45 [NV]) Posted on: May 10, 2014 2:21 PM
Message:
I wish people would not guess at the answer and state it as fact. Spreading their own ignorance. And I am sorry if this sounds harsh, but it was meant to be. I will even name names, Dixie – you are completely wrong, and you have no idea what you are talking about. And Nancy says that she is relying on you and is going to issue a 30 Day Notice based on your legal advice. Dixie, I hope your Legal Malpractice Insurance is up to date!
Nancy, your lease was with the sister and brother. The fact that the brother has moved out does NOT allow you to terminate the lease. You still have a legal contract. You, brother and sister are still bound by that legal contract.
Does your lease require the signatories to the lease to actually live in the property? Mine doesn’t. Has the brother breached the lease by moving elsewhere? I doubt it, but I have not read your lease. Brother is still legally responsible and it is unlikely that he has done anything to breach the lease.
Nancy, you were smart enough to come to the Forum to ask questions. But you need to be somewhat more discriminating in evaluating the answers and advice you get.
Evaluate the proposed new roommate. Then, in 30 days or so, ask to evaluate whether the dogs in being cared for responsibly, and consider whether you need to revoke the pet privilege in accordance with your lease.
Do NOT relesae the brother from his responsibilities under the lease.
--184.6.xxx.xxx |
Lease and Tenancy (by Nancy [IN]) Posted on: May 11, 2014 9:47 AM
Message:
Listen to Mike45. --50.129.x.xxx |
Lease and Tenancy (by Barbara [VA]) Posted on: May 12, 2014 5:02 AM
Message:
The way I see it, you have the option of not approving the new roommate. But why are you fighting this so much. The tenant was honest enough to tell you what is going on. Also you have already indicated the sister can pay, so how are you going to terminate due to rental instability? Or am I misreading your question?
As for the dog...what are your qualifications to determine the dog is not being handled responsibly? Personal opinions on how an animal should be handled doesn't indicated irresponsible pet ownership. Home alone all day IMHO isn't fair to the animal. But that doesn't indicate irresponsible pet ownership. And, unless your staying outside her house stalking her you don't know if she is having someone come over during the day to interact with the dog.
--72.218.xx.xxx |
Lease and Tenancy (by Nancy [VA]) Posted on: May 12, 2014 5:40 AM
Message:
Thank you for all the responses. My largest concern was twofold: this would go from a family situation to a party situation. The dog would be left in the house for extended periods of time and use the bathroom. As the tenant has asked me to approve a new roommate with a less than average credit score I offered the following: Tenant would sign a new lease month to month with new roommate. I am not locked into 18 months of BS if it devolved to that. Tenant assumes some of the risk for her choice of less than satisfactory FICO score roommate. If things go south- I can move quickly and not have to hassle with rent instability etc. After 10 years of this I was thinking about cashing the chips in. I appreciate everyone's responses. Thank you. --70.161.xxx.xxx |
Lease and Tenancy (by DIXIE [KS]) Posted on: May 13, 2014 9:12 PM
Message:
Mike45....you missed my point. YES she can give a 30-day notice for VIOLATING THE LEASE [ she stated that the lease "required" the pet be cared for and now it's not]. LEASE VIOLATION. --70.195.x.xx |
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