State Specific Question About: VIRGINIA (VA)

My wife and I recently inherited 4 cottages her father built and used as rentals. One of the tenants was his girlfriend, so she had a few perks going her way when he passed. Those perks are now my problems.

1. She has 5 dogs, and they get in the trash and 2 of them constantly bark. A nuisance, but not a dealbreaker.

2. She's a hoarder. Not a cat food and dirty newspaper hoarder, an antique and book hoarder. And it's getting to be a fire hazard.

We've had to clarify that I am NOT her boyfriend, so the little chores she is used to having done are not my job. (There's an overwhelming sense of entitlement there). So, anyhow, in preparing to manage all of these properties (we have 2 other great renters), I made a uniform lease. My dad in law was very informal, and his lease was really primitive, so we updated it. I made sure to cover some of the issue I am dealing with, and see coming down the road.

Put it in writing, a nice business letter. Tell her you do business differently that your FIL, but you do want to fair to all residents. So to put everyone on equal footing you are going to require signed leases, security deposits and pet fees. Oh and the rent is X.

Make sure your Animal Addendum address barking dogs. We had to require one of our resident buy a bark collar, it was so bad. Only took two days and that dog stopped barking like a roaming maniac, so they do work!

Normally, when a new land lord takes over there is an estoppel certificate that lays out the basic terms of the rental agreement. It's not as detailed as a full lease, but it should spell out basic like the rent amount, the deposit, who owns the appliances, who pays utilities, who mows the yard, M2M or year lease, etc. Tenant signs it, and it effectively "stops" any argument later on about who promised what to whom. Try to get her to sign one of those, but don't be surprised if she refuses.

We're heading into the worst time of year to find new tenants, so unless she's WAY under market (several hundred $$$ or more) I'd be tempted to keep her over the winter then hand her the 30-day notice to be out by March 30th, 2016.

Stop all "favors" as you mentioned.

You MAY have a problem on your hands.

If a deposit was given, and she can prove it, then she is entitled to receive her deposit back (less offsets) when she leaves. Your having lost the deposit is not her concern, except that you will have to have the funds to pay her when the time comes. Its YOUR money that you lost.

Her claim that she was promised no rent increase ever should not be dismissed out-of-hand. There is a clear basis in law for such promises. You should assess her chances in court before making any decisions.

You might want to consult with an attorney before she does.

Did your FIL die suddenly or did he know death was approaching? In other words, did he have time to make his wishes known? Depending on his wishes and if this was a long time relationship, I think you need to consider these things. Can the girlfriend afford the new rent amount?

Tim, we are all sorry to hear of your FIL's passing.

For the FIL's GF, ask her what documents she has to show her agreement. Does your wife have any relationship with the GF of her father? If so, you'll want to protect that. If not, she can be treated like any other tenant.

If you don't care to maintain a relationship, then you need to decide if you want her to stay or go. If you want her to go, get a lawyer involved, notify her if the new policies, new rent, etc. If she won't agree, you may need to evict her. That would give you a chance to get in there and fix the damage from the dogs.

No written lease? She can't produce anything in writing?

Give her a non-renewal notice per the terms of VA laws. Here in SC, I could give her a 30 day notice, then start eviction if she did not move. I could have her out in the 30 days plus another 21 days max.