Tenant does not want to leave till he finds new home

[aggravated]

I have a Tenant that does not pay rent on time ha has been as late as 5 months. I did not renew his lease for this very reason instead he has been month to month sine Sept. 2010. I have had the house up for sle for the last 7 months and I told the renter he can stay till we sale. We have sold house and I gave him 30 day notice but he is telling me he will go to court so he can stay till he finds a place to live and then he said he has tomato plants and the va. law says he can stay till season is up. Do I have a leg to stand on?

[Friend In Court]

Originally Posted by aggravated I have a Tenant that does not pay rent on time ha has been as late as 5 months. I did not renew his lease for this very reason instead he has been month to month sine Sept. 2010. I have had the house up for sle for the last 7 months and I told the renter he can stay till we sale. We have sold house and I gave him 30 day notice but he is telling me he will go to court so he can stay till he finds a place to live and then he said he has tomato plants and the va. law says he can stay till season is up. Do I have a leg to stand on?

Your tenant is without legs -- unless he is renting a farm from you. Eviction seems in order since he won't move voluntarily.

[sandyclaus]

Originally Posted by aggravated I have a Tenant that does not pay rent on time ha has been as late as 5 months. I did not renew his lease for this very reason instead he has been month to month sine Sept. 2010. I have had the house up for sle for the last 7 months and I told the renter he can stay till we sale. We have sold house and I gave him 30 day notice but he is telling me he will go to court so he can stay till he finds a place to live and then he said he has tomato plants and the va. law says he can stay till season is up. Do I have a leg to stand on?

Sounds to me like your tenant will come up with any story they can not to have to pay the rent and leave your property. There is no such law allowing them to complete their growing season before moving out (ridiculous, in fact, because if that were the case, EVERYONE would just plant their garden and use that to keep from having to move).

You are going to have to evict him from the property. If you have given them a proper 30-day notice per VA LL/T law, then the next step is to file for eviction with the courts. Only a court order can force him to leave at this point. Don't delay further - go tomorrow and file.

[Lexus]

What a peculiar tenant you have? Form where he found out such a law? Very strange. If the facts are true you have initiated valid eviction proceedings, and now it’s the tenant’s turn to move out from the building. As he is staying back on the back up of a law framed by himself (tomato plant season law), you have to evict him by filing an eviction proceedings before the court. You may consult with Property Attorney ASAP and start eviction proceedings.

Kill the damn tomato plant and told him its time to go, his plant went to heaven!!!!

[Friend In Court]

Most states have separate provisions meant to protect farmers with crops in the field. One tomato plant does not make one a 'farmer' nor allow him to avail himself of those statutory protections.