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    jeffersonscott's Avatar
    jeffersonscott Posts: 1, Reputation: 1
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    #1

    May 23, 2007, 06:39 PM
    Virginia eviction law
    In Virginia, when I give a tenant a "5 day notice" to pay rent or quit, do I have to include the amount owed? I served one and got a court date for unlawful detainer. But my original letter does not have an amount enumerated. My internent search has proved confusing on the matter. Thanks!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 23, 2007, 07:05 PM
    Ok, I will be honest not up on Virginia, you can find a link to their laws on the main real estate board, on a "sticky note" there.

    But at least here, yes, how else do they know what to pay, if that amount is not listed. And it is the proof of what you are asking for, if they don't and you go to court. Now of course in 99 percent of the eviction hearing, the renter never shows up, they are either out before the court officers shows up, or you get to carry their stuff to the curb.
    jillianleab's Avatar
    jillianleab Posts: 1,194, Reputation: 279
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    #3

    May 24, 2007, 12:46 PM
    I'm confused by your post. You filed a 5-day notice on a tenant without putting a dollar amount? You got a court date for an unlawful detainer? I'm a little unclear.

    Typically when you file the 5-day notice you put the full amount due, including late fees. If it's not paid in 5 days, you go and file an unlawful detainer (this is done in the court building, but not in a court room). On the unlawful detainer, you put the full amount of rent, plus late fees, and additional rent up until the court date. You file this, then come to court on your assigned day. Once you are in court, you can instruct the judge is the amount is changed because the tenant paid a portion, but I do not think you can ask for more once in court.

    Hope this helped.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
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    #4

    May 25, 2007, 06:51 AM
    The NOTICE required is actually that... a NOTICE and YES it must have the amount of rent demanded BEFORE you can file an unlawful detainer/eviction.

    If your "letter" states the period that rent is DUE - May 1, through May 31, 2007 and the total amount of rent due per the lease contract and that if they don't pay and/or deliver possession to you, you will file for an eviction - then that should be sufficient in VA.

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