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jmwade · Jul 30, 2007, 03:25 PM

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.

jeanneb74 · Jul 31, 2007, 07:21 AM

Usually a judge will give you only two months worth of payments . That is usually enogh time in the court system to get another tenant. And any repairs needed or the agreed to pay they will have to pay that too. Also you can show the promissary note and you should get that too. Good luck

Cvillecpm · Jul 31, 2007, 07:38 AM

VA Small Claims limit was raised to $5,000 in July, 2006 - file your UD ASAP for the rent that is due NOT ANY OPTION PORTION - and then, at the same time, file for the monies under the note...

Although I don't do lease options, when I file UDs, I always file in SCC for the NEXT month's rent since the UD process takes so long - 21 days to the return date and then setting the case for trial - I don't dismiss the UD untill/unless the tenant pays all amounts for both suits.

Kishore Vasanjee · Oct 11, 2007, 06:56 PM

Originally Posted by jmwade

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.

When I was in Virginia I made "friends" with a few law enforcement officers who would always help ensure my payment was met on time. This was a motel so it was easy. If you really want your money then go to city hall and file breach of contract and non payment of rents due. This process can take forever as when a Judge does issue a warrant of arrest it has to be served to the defaulting party. The defaulting party can be in the home and refuse to answer the door whenever a sheriff knocks to issue the warrant. So on...
You could alternately have them removed while having filed against them. You could approach a law firm ( free advice from retired lawyers) and follow their suggestions. They can be found in the phone directory or you could call your congressmans office and they will offer the same. Good luck.

CVM1958 · Apr 25, 2009, 08:03 PM

My advice is to evict them and move on. Please send me details on the property, I have 15 years hospitality experience with 4 years living on property as a motel resident general manager. I have been waiting close to 20 years to
Buy my own motel but I am not a millionaire to buy one. I have the passion, vision, discipline to operate and manage a property and meet all ADR and REVPAR
Reuirements. Please send me full details and I will travel to your location and relocate if we can meet an amiable situation. Please, please call me 702-953-7306.
Thank you in advance for your time and courtesy.

Christopher