[lbuttery]

Hi:

I'm new to the forum and I am a landlord with a tenant/roommate that I am trying to get rid of, I live in VA.

He is on a month to month default lease (same as other two tenants). I gave him written notice that he was to move out by Aug 31 on
Aug 1, signed by myself and two witnesses.

I would like to give him notice that the rent as of Sep 1 will be $1200 instead of the $600 he has been paying. He has indicated that he has no intent on moving until he is damn good and ready and he hasn't paid the rent for Aug either.

I have some questions, does the 30 day notice to raise rent (or lease termination) have to coincide with the first of the month ?

Can I state that as of Sep 5 the rent will $1200 or do I have to wait until Oct 1 to raise the rent ?

Can I raise his rent without raising the rent for the other two tenants ?

All replies and advice are appreciated.

Lew

[Cvillecpm]

You need to do NOTHING ELSE... if you increase the rent, you VOID your 30 day notice.

You need to change the locks on the 31st if his stuff is not out... on the 25th of August, advise him that you are changing the locks on the 31st and then do it. Change all locks that he has a key to.

As long as he is still at the house, file against him in General District Court - Small Claims Court division - very easy and you can sue for up to $2000. Court forms are available ONLINE.

Have the sheriff serve him the warrant in debt and I'll bet he leaves QUICKLY.

[lbuttery]

My lawyer and everyone else is saying that I can't lock him out now or after the 31st and that I have to file for eviction on the 1st and that can take another 4 - 8 weeks, especially if he fights it.

In the meantime he doesn't have to pay another dime (I can sue... ) and he can be a complete mean SOB and as long as he doesn't commit a criminal act there is nothing I can do. Any threats have to be overt and specific to be actionable. This guy can do almost anything he wants and I have to sit back and wait. Arrrrrgh

Lew

[Cvillecpm]

Evictions - Unlawful Detainers in VA - take 3 weeks MAX and the reason I suggest you file against him NOW in Small Claims Court is to AVOID all of these WOES...

There is no "fighting" non-payment of rent... he can say he does not owe it and then has to prove in court to the judge that he HAS PAID it. You can file the UD when the rent is late and ask for possession of the rented property in your warrant in debt. ONLY demand/ask for rent owed as of the date you file - NOT ANY MONIES that are owed past the current rental period or through the 31st... this would be a mistake. This should cost less than $60 for you and the forms are available online.

Attorneys EVERYWHERE don't like to suggest Small Claims court since it takes money out of their pocket; however, I think it is the perfect answer to your situation.

[lbuttery]

Ok, thanks, I'll check it out.

Do 30 day notices have to coincide with the 1st ?

Thanks

Lew

[Dr D]

As to the question of whether the 30 day notice has to coincide with the first of the month; my opinion would be yes. Since the rental agreement runs from the first to the first, any notice of termination by landlord or tenant would have to be served on or before the first, ending tenancy on the last day of that month. It does not seem reasonable that either party could give notice in the middle of the month, ending tenancy in the middle of the next month. A while back there was a post that listed links to landlord tenant laws in all states. Find that post and check your state law. Good luck

[Cvillecpm]

No - actually, in VA, with no written lease, they are be served BEFORE the next rental payment due date.