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kougra · Aug 27, 2009, 08:18 AM

I own a house in Virginia. No lease was signed. So month to month I believe. I need to move back to VA can I ask them to move out so that I can return to my home? Also they have pets I was not told of this before they moved in. Someone was helping me. I accidentally found out when I went to visit a friend. Since there was no deposit do I have the right to ask that it be cleaned up and left in the condition before the pets?

this8384 · Aug 27, 2009, 08:33 AM

Originally Posted by kougra

I own a house in Virgina. No lease was signed. So month to month I believe. I need to move back to VA can I ask them to move out so that I can return to my home? Also they have pets I was not told of this before they moved in. Someone was helping me. I accidently found out when I went to visit a friend. Since there was no deposit do I have the right to ask that it be cleaned up and left in the condition before the pets?

I'm sure you already know this, but your first mistake was not getting a security deposit.

If no lease was signed, then yes, they are month-to-month tenants. You can ask them to move but most states have a 30-day notice requirement; I'm not positive what Virginia law is. If VA has the 30-day law, this means that if you asked them to move out today, they would have until September 26 to vacate your home. And if they refuse to move, you can't do anything until you file for eviction in court and are granted a judgment.

You also have the right to ask them to return the property to the condition it was in before they moved in. For your sake, I hope you have some decent tenants who will pay their last month's rent, clean the place up, and vacate when you ask them to.

kougra · Aug 27, 2009, 08:53 AM

Thank You. Yes there is the 30 day rule. I had asked the person helping me to get a deposit. No luck. They were trying to help both sides.

this8384 · Aug 27, 2009, 08:59 AM

Originally Posted by kougra

Thank You. Yes there is the 30 day rule. I had asked the person helping me to get a deposit. No luck. They were trying to help both sides.

Well, let us know how it all turns out. More often than not, it's a major headache but every once in awhile, you find some decent people :)

ScottGem · Aug 27, 2009, 09:15 AM

Chap. 13, § 55-222 Notice to terminate a tenancy; on whom served; when necessary:
A tenancy from month to month may be terminated by either party giving thirty days' notice in writing, prior to the end of the month, of his intention to terminate the same.

So its NOT just 30 days, its at least one full rental period. If you give notice today they have until the end of September to vacate (assuming the rental period is a calendar month.

You cannot ask for a Pet or security deposit after the fact. However, you can let them know that you will be billing them for any clean up necessary to return the house to the condition it was when they moved in (less normal wear and tear).

this8384 · Aug 27, 2009, 09:43 AM

I'm confused now... I thought this:

Originally Posted by ScottGem

A tenancy...may be terminated by...giving thirty days' notice in writing...

... meant 30 days, not a full rental period..

Not trying to be argumentative, just want to make sure how I'm reading things.

kougra · Aug 27, 2009, 10:41 AM

Thank You for the information. Yes it is a full month. It is good to know that I can ask them to clean the house. Do I have to tell them why I want them to move out? That I am wanting to return to VA. I live in NC now.

this8384 · Aug 27, 2009, 11:25 AM

Originally Posted by kougra

Thank You for the information. Yes it is a full month. It is good to know that I can ask them to clean the house. Do I have to tell them why I want them to move out? That I am wanting to return to VA. I live in NC now.

That's reasonable grounds to ask them to vacate. Not to mention that they brought in pets without discussing it with you, but I'd leave that alone for now.

ScottGem · Aug 27, 2009, 11:52 AM

Originally Posted by this8384

I'm confused now...I thought this:

....meant 30 days, not a full rental period....?

Not trying to be argumentative, just want to make sure how I'm reading things.

Its 30 days prior to the end of the month.

So if notice was given today it would not be effective until 9/30.

ScottGem · Aug 27, 2009, 11:53 AM

Originally Posted by kougra

Thank You for the information. Yes it is a full month. It is good to know that I can ask them to clean the house. Do I have to tell them why I want them to move out? That I am wanting to return to VA. I live in NC now.

You don't have to give a reason, but I don't see any problem in doing so.

kougra · Aug 31, 2009, 09:39 AM

Hi. I was just told by the person in VA helping get my rent that the tenants can not pay the whole amount due they said they will pay some on 3rd the rest on 10th. With my asking them to leave should I accept this?

kougra · Aug 31, 2009, 09:42 AM

Oh I forgot to mention that generally the paid on 1st Thursday of month never really 1st. Which is OK yet when I send the letter to move how does that work? I was goning to Express Mail tody to get there tomorrow.

ScottGem · Aug 31, 2009, 10:07 AM

One thing has nothing to do with the other. They are required to pay rent up to the date they vacate.

However, once you inform them that you are terminating the lease, they may try to get out of the last month's rent by not paying and expecting you to take it out of the deposit. However, this is
YOUR decision not theirs. If they don't pay on time you can evict them from non payment as well.

kougra · Aug 31, 2009, 10:54 AM

Thank You. There is no deposit. I know shame on me I asked the person helping me to get it to no avail, so the must pay the rent. If they get the letter tomorrow Oct 1, 09 they have till Sept. 1, 09 to move or the day they pay rent Sept 3, 09? If they are not out do I tell them they must for the extra days there?

this8384 · Aug 31, 2009, 11:07 AM

Originally Posted by kougra

Thank You. There is no deposit. I know shame on me I asked the person helping me to get it to no avail, so the must pay the rent. If they get the letter tomorrow Oct 1, 09 they have till Sept. 1, 09 to move or the day they pay rent Sept 3, 09? If they are not out do I tell them they must for the extra days there?

If they get the notice tomorrow, on September 1st, they have until September 30th to vacate. They will have to pay the full amount of September rent.

If they do not vacate by the 30th, rent will still be due and they will have to pay you another month's rent for not vacating by October.

kougra · Aug 31, 2009, 11:19 AM

Thank You all very much for the information I want to make sure I do this right so I have no difficulties on my end.