State Specific Question About: VIRGINIA (VA)

This is Loudoun County, VA. The tenny is leaving, gave me notice suddenly on 10/11, that they're leaving 10/17.

They are unsatisfied, because we mentioned late fee (very emotional) where they intentionally paid late last month, since we did not replace the oven on their demanded timeframe, now pissed off. Lease ends 6/30/19. Also, they're applying SD to upcoming November, and demanding refund (from interest!!). Asking for a walk thru 10/17, very weired. These were over email only. If I call she argues like hale. I replied: their notice of lease break unacceptable, null and void. It's getting out of hand I am afraid.

Everything depends on your rental agreement, word by word.

You know what's funny about this? The only person who can unilaterally break a lease is a judge. ;-)

Oh sure...tenants THINK they can unilaterally break a lease, but they can't. They still owe the rent, as a judge will remind them if/when this goes to court.

Written contracts can only be altered with agreement of all parties, unless there's some weird provision in the contract that allows one party to alter it. Otherwise, what would be the point of contracts?

Here's what you do. Cut off all communication with tenants except for in writing. Ignore phone calls and texts.

The day rent is late, begin your state's process for eviction. If Pay or Quit is required, post it the first day the law allows. If they ignore it and the time to Pay ellapses, file to evict.

No, they don't get their Security Deposit back until they have returned full possession of the premises AND you have gone thru the accounting process to deduct all charges for rent, late fees, and damages. Don't tell them this, though. Get their new address if possible so you'll know where to sue them later.

No, they don't get to apply the Security Deposit to last month's rent.

Regarding the walk-thru: check your state's laws. In Missouri, all I have to do is simply inform them when the walk thru will be. I do not have to make it convenient for them, and if I suspect they will be argumentative I schedule it during their work time. I am not required to work around their schedule. Know the law. It gives you power.

At the walk thru, you do not discuss anything about the security deposit. This breed arguments. I bring my clip board and checklist form. If they say anything, I respond, "I'm just here to take notes about the property condition. Refunds will be issued once accounting has been completed." That's it.

I haven't had a contentious move out in years. Don't argue. Know the law. Have a process. Follow it.

Good luck!

Thx for all your responses. But the situation is a bit different, - they're calling all the shots, all on a sudden. This is how: The oven broke down, I fixed that, then they wanted to fix it themself second time. Third time, they wanted it replaced, to satisfy them we replaced that last month, thought all is fine, but now the contention is why that was not done sooner, blah, blah. And suddenly send us the email on 11th saying they are leaving, inviting us for a walk thru on 17th tomorrow, offered to cleaning the house, asks to start renting activities immediately, asking to apply SD to rent uptil end of Nov, and they're done. This is all they are saying and playing. I am merely on the receiving end.

This was a no problem tenny over the years, I was handling solely with the man with zero problem. Last few months, the lady took over and very aggressive, calling all the shots, very argumentative and cocky, but we're handling the same way before; that did not work as mentioned in postings above, the man remained silence, could not be engaged for whatever reason but he's there I'm sure, and hence the situation, may be we're partly to blame too, but they are very unreasonable to all the developments lately, in less than a week time, totally irrational.

Tia,

Did you read our responses so far?

Khushi, it's out of control because you let it get that way. As hard as it is, you have to maintain control of the situation. You only owe them one response and to follow the lease. If they continue to ask, remind them professionally you have already answered that question. All communication in writing. Cannot use SD for last month's payment. If they don't pay when owe, start eviction. Zero tolerance. If it gets in front of a judge, I have a feeling they will have an education coming to them.

Sid pretty much hit the nail on the head above, so I won't repeat anything. For the future though, the LL decides when a stove is to be replaced, not the tenant. As said many times on this board, "The LL is in control, the tenant is NOT".

Yes I did Fred, several times, and waiting anxiously for more. Thanks for all those. Pls read my situation completely above and below. Also consulting a lawyer later tomorrow. Time is of essence now.

Since they’re offering walk thru, cleaning the house ready for rent, etc, then

Should I take the walk thru, Should I accept the keys, Should I accept their turning over the house

According to above, we’ll have the house for re-renting from next week to end of Nov, given the SD covers end of Nov, which may be a stretch now, and hard pill to swallow for us after this total violation of lease. What do I get by taking to court, anything? Decision, decision, decision….

By the way, this is a family with high end professional tenny in a high rental SFH, fyi. They care all be happening to them or coming their way, etc.

Should I threatened them for law suit, they care I believe, or just accept their above and let it go, swallow the bitter pill, move on, or what. This is very irrational and unreasonable, solely created by them.

They are not calling the shots, as you stated. They control only what they do. YOU have complete control over what YOU do.

If they do not pay the rent for November, you serve a Notice To Pay Or Quit on November __ -- the date you can issue this varies according to your lease and VA law.

They might have demanded that you apply the Security Deposit toward November, but you do NOT have to, and you should not. So November is not paid and you start the eviction process.

On the other hand, if they do in fact vacate your unit, and you have that in writing, you don't have to evict. You simply take possession, clean it up and re-rent it.

You have to provide them with an accounting of the damages beyond reasonable wear and tear in a timely fashion (normally 30 days from the date they surrender the premises, but check your local/state laws). Part of the damages you will list is "Lost Rent for balance of lease", which will be the total amount of rent from Nov 1 to the end of the lease. The statement will show them owing you a lot of money in excess of the Security Deposit.

Then, once you've gotten the place fixed up, you can sue the ex-T for monetary damages.

YOU ARE IN CONTROL. Not the T. The T's demands are just whispers of wind, not important. You are in control.

It sounds like you're leaning toward deciding to let these these tenants go especially if your attorney gives you the option tomorrow. If so, just follow everyone's advice, including that of CBG about acting like a landlord. Mike's an attorney, and he and everyone speaks the truth about just covering your own back and not letting the tenants run your business.

You have already received a lot of good advice. Listen to it. GET A LAWYER NOW!!

BTW: 5 days notice in VA to pay or leave. 45 days to do deposit accounting.

Go to the top left of this webpage to the blue letters "Landlord/Tenant State Laws".

And Khushi, even though it has been said above, you need to hear it again:

--NO, the Sec Dep DOES NOT cover the Nov rent! The Sec Dep is to cover repairs in the unit, and whatever extra cleaning is needed to bring the unit BACK to rentable condition. (nail holes, carpet cleaning, etc)

I'm back. It's getting messy I suppose.

I didn't go to walk thru as they requested 10/17, talked to lawyer, now lawyer saying why didn't you go on the day, get the keys, put the house on the market, and worry about any actions later. Well I wasn't sure.

Then I set up walk thru for 10/19, they remained silent until wrote me on the day that they got a lawyer and will get back to me on walk thru shortly, that was Friday. We waited, went to the property on Sunday to examine the property, they changed the lock without our concern, we came back empty.

On sunday, I wrote a 24 notice to respond this email with a walk thru schedule within 48 hours; if not, we'll access the property by other means (meaning locksmith). The first deadline is gone now, they're silent; I don't think they're going to do anything on the 48hrs thing either.