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airevue · Jul 16, 2007, 02:18 PM

Hi!
I am new to this site, but I've already found it very useful reading some of your answers.
My husband and I have been renting a condo in VA since May. The tenants have not been paying the rent on time from the beginning. In June I received a total of five partial payments. In July they have only paid half the rent up until now. I have served them a 5-day notice and I am waiting for the days to pass before I can file a UD. I also refused their last offer for a partial payment.
My husband is in the military, stationed in Texas and expecting orders for Germany soon (we should be moving in October). I am very much afraid things will get worse once we are out of the country.
I have a few questions. Sorry they are so many but I am still learning about my legal choices.
1. When I get a court date after filing UD for July's rent, should I file a second UD if they do not pay in August?
2. If we go to court and the tenants never paid for July, will I get an automatic order for eviction? Can I at least ask the judge for the termination of the lease (1 year-long) so I can give them a 30-day notice to vacate?
3. If they are evicted, do I still owe them the security deposit or can I at least deduct the rent from it?
Thank you! If anybody has some other advice that can be helpful I am all ears!

s_cianci · Jul 16, 2007, 03:19 PM

Your best bet would be to immediately initiate eviction proceedings. And yes, you can use their security deposit for unpaid rent.

Cvillecpm · Jul 16, 2007, 03:42 PM

1. When I get a court date after filing UD for July's rent, should I file a second UD if they do not pay in August?

No - file a Small Claims suit for any balance due AT THE SAME TIME YOU FILE the UD... VA Small Claims limit is now $5,000.

2. If we go to court and the tenants never paid for July, will I get an automatic order for eviction? Can I at least ask the judge for the termination of the lease (1 year-long) so I can give them a 30-day notice to vacate?

You file the UD to get POSSESSION so the balance of the lease is not at issue. No 30 day notice is served.

3. If they are evicted, do I still owe them the security deposit or can I at least deduct the rent from it?

You ALWAYS apply the deposit to any DAMAGES, cleaning, etc BEFORE any judgement.

Hire a professional property manager to manage the condo while you are gone.

airevue · Jul 18, 2007, 08:08 AM

Originally Posted by airevue

Hi!
I am new to this site, but I've already found it very useful reading some of your answers.
My husband and I have been renting a condo in VA since May. The tenants have not been paying the rent on time from the beginning. In June I received a total of five partial payments. In July they have only paid half the rent up until now. I have served them a 5-day notice and I am waiting for the days to pass before I can file a UD. I also refused their last offer for a partial payment.
My husband is in the military, stationed in Texas and expecting orders for Germany soon (we should be moving in October). I am very much afraid things will get worse once we are out of the country.
I have a few questions. Sorry they are so many but I am still learning about my legal choices.
1. When I get a court date after filing UD for July's rent, should I file a second UD if they do not pay in August?
2. If we go to court and the tenants never paid for July, will I get an automatic order for eviction? Can I at least ask the judge for the termination of the lease (1 year-long) so I can give them a 30-day notice to vacate?
3. If they are evicted, do I still owe them the security deposit or can I at least deduct the rent from it?
Thank you! If anybody has some other advice that can be helpful I am all ears!!

Thank you both! Right now I am waiting for the receipt notice from the Sheriff dpt before I can file the UD. I am a bit lost regarding the Small Claims suit but I will start checking into that too.
A couple of follow up questions:
1.- If they pay the remaining rent before the court date, do I drop the suit or continue with eviction procedures?
2.- If I take payment with reservation in writing, am I still waiving my right to re-possess. (I read that in the paperwork they gave me at the Court House.)
By the way, Cvillecpm, am I interested in getting more info on property managers. Can you recommend something? I think it might be worth it when we are in Germany.
Thanks again!