Q: Hi, if I want to evict my month to month tenant who won’t leave but pays, do I have to keep making repairs before court
My tenant is month to month. Our original lease ended 30 months ago. While the lease mentioned 60 days notice, now that it’s month to month, I assume I only need to give 30 days. He wants me to repair the broken windows and back door. I want to wait until he’s gone. Do I need to fix them before a court orders him out? He refuses to leave. He says I told him he could stay for another year. He is still paying the rent. Thanks for any advice.
A: You need to consult with a local lawyer, because county and city codes matter in landlord-tenant. Then, the lawyer needs to read the lease with particular attention to the Holding Over and Notice clauses. In Virginia, the lease will be read fairly strictly as written unless it violates local landlord-tenant law. If we assume the lease says that you must give 60 days notice, then you must give 60 days notice, unless the lease is no longer in effect. Virginia does not require judicial action for tenant eviction, but you are playing a very high stakes game if you evict him in retaliation for enforcing his rights to a habitable home. Your best choice is to review the facts and the lease with a lawyer in a private consult. Your cheapest choice is to fix the window and door.
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