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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Tenant issues in VA

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Old Jan 15th, 2007, 08:52 PM     #1
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Default Tenant issues in VA

I rented a townhouse to two girls and after several months they decided they aren't getting along and wanted to break their lease. They sent a letter early Dec saying they will be out Jan 12 and will surrender their full security deposit as penalty for early termination. I pro-rated their rent (yes, that was nice of me), but included a pet deposit since they got a dog and never told me (their lease says they may own a dog, but must pay a pet deposit). I also added some damages on for some things that needed repair at my last walk-thru. Jan 5 passes and their rent is unpaid and considered late, so I file a 5-day notice. I never hear from either girl (sent e-mails, made phone calls), and on Jan 14, neighbors tell me no one has been home for days. So today I go by and can see the place is empty and go in to check out damages, etc. The entire place is TRASHED. There are bags of trash in every room, food in the fridge, dishes in the cabinet, and yes, even dog feces on the carpet. I didn't touch a thing since I had not technically been given possession and the last thing I want is to throw out their ice cream and get sued! I called each girl after leaving and got the run around about why the place is in such condition and why the rent isn't paid. They say they will get me a portion, possibly all of the rent by the end of tomorrow and clean the place out by the end of the week. They want to set up a "payment plan" to pay the full amount... something I don't think I'm willing to do.

What I would like to know is, can I still file an unlawful detainer if they don't pay and never turn over possession? If they clean the house, but don't pay the rent and try to turn over possession, do I have to oblige? Essentially, the property has been abandoned, but I'm not sure what my course of action should be since they notified me they were moving out, I accepted this, and they did, in fact, move out on said date (they just left all their junk behind - and dog poo!). Also, they left BEFORE the 5-days was up from the pay-or-quit notice. I think I managed to yell and scream enough today that they will pay and clean the house, but I'd like a contingency plan...

Thanks.
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Old Jan 16th, 2007, 02:18 PM     #2
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Default Re: Tenant issues in VA

You can file and evict and sue for damages, lost rent etc. But you normally will have to turn over possessions.
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Old Jan 16th, 2007, 04:06 PM     #3
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Default Re: Tenant issues in VA

Thanks for your response. I've also been advised to post an abandonment notice on the property and proceed to small claims court. I'll weigh my options and determine the best course of action.
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