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    jmwade's Avatar
    jmwade Posts: 4, Reputation: 1
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    #1

    Jul 30, 2007, 03:33 PM
    Tenant on lease with option refusing to pay rent. Hand delivered 5 day pay or quit.
    Property is located in Virginia. The tenant signed lease agreement and option agreement. The rent is $1000 monthly and the option is paid separately at $200 monthly. The rental agreement states tenant is responsible for repairs per incident up to $500. The blower motor went out on Heat pump tenant wouldn't fix cost $235 which I paid. The well pump also went out and I repaired at $485. Tenant is refusing to pay for repairs and rent. I gave them 5 day pay or quit notice and the time is up. I will file unlawful detainer in next day or so. Tenant had very little option money and signed $4800 promissory note which they have paid $400 and are now in default on promissory note. They have also defaulted on lease agreement. The agreement states the tenant will be responsible for lease until I re-lease the property. They also signed a property inspection affidavit stating the property is being leased with option-to -buy in "as is" condition and all systems were working fine when they moved in. They also signed Tenant/Disclosure which states that series of contracts and agreements establishes landlord-tenant relationship and they have also violated the language of this disclosure.
    What is the fastest way to get them out? Should I take their money with reservation even though I'm asking for possession? Are they obligated by contract to pay balance of promissory note? Will I be able to get judgement for lease amount until I am able to lease? Lease is 1000monthly and option is 200 monthly. Should I show 1200 or 1000 on unlawful detainer and do I show promissory note balance and reimbursement for repairs also? Any input would be greatly appreciated because I need the tenants out ASAP.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #2

    Jul 30, 2007, 04:28 PM
    How do you prove you hand delivered the letter, did you have a witness with you ? On video ?

    If they say in court, no your honor we never got it, how do you prove you did ?
    jmwade's Avatar
    jmwade Posts: 4, Reputation: 1
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    #3

    Jul 30, 2007, 07:55 PM
    Yes I had a witness with me that also signed the notice as witness.

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