[bus162]

Hello. I live in Henrico county, state of Virginia. Due date for rent was Aug. 6 with a five day grace period to Aug. 11. He will undoubtedly be late with October's rent also. What forms do I need to start eviction process and how long must I wait to serve him?

Thanks

[JudyKayTee]

Hello. I live in Henrico county, state of Virginia. Due date for rent was Aug. 6 with a five day grace period to Aug. 11. He will undoubtedly be late with October's rent also. What forms do I need to start eviction process and how long must I wait to serve him?

Thanks

If a landlord wants to evict a tenant for not paying rent on the date it's due, the landlord must give tenant a written notice to either move or pay rent in 5 days. If the tenant pays the rent in those 5 days, tenant gets to stay.

If tenant does not pay landlord can start an eviction procedure in General District Court.

The tenant does not have to move based on the 5 day notice - but the tenant must move if ordered to do so during the eviction procedure in GDC.

If the tenant pays the rent and stays the landlord can also evict the tenant for chronic late payment or simply to terminate a month to month tenancy. It's more difficult when a lease is involved.

[ScottGem]

I'm confused. Has August been paid or not? Its past the grace period so you can serve a pay or quit notice immediately.

If you want to evict because of chronic lateness that's a different story. For that you have to serve notice that you are terminating the lease. The lease should dictate the amount of notice required. Generally its one rental period. So if you serve him prior to 9/6 he would have to be out by 10/6. In this case he would have no recourse about bringing the rent up to date.

You need to check the laws for you area for the exact process.

[JudyKayTee]

I'm confused. Has august been paid or not? Its past the grace period so you can serve a pay or quit notice immediately.

If you want to evict because of chronic lateness that's a different story. For that you have to serve notice that you are terminating the lease. The lease should dictate the amount of notice required. Generally its one rental period. So if you serve him prior to 9/6 he would have to be out by 10/6. In this case he would have no recourse about bringing the rent up to date.

You need to check the laws for you area for the exact process.

I should have added that if the tenant pays and stays there would have to be a whole new eviction procedure - you can't piggyback the process.