Q: When accepting rent with reservation, am I required to include the phrase about not waiving my right to evict?
I live in Virginia and sent a letter indicating acceptance of rent with reservation to my tenant for whom I have received judgment and possession, but neglected to include the phrase about NOT waiving my right to evict.
A:
The applicable paragraph to have in the letter is as follows:
This letter is written to notify you that your rent has been ACCEPTED WITH RESERVATION of all of Landlord’s rights and WITHOUT PREJUDICE to any right the Landlord has to proceed against you in court. This means that the Landlord still has the right to proceed in court against you for the unpaid rent, late charges, court costs, interest, attorney’s fees, damages and to recover possession of the Premises by proceeding with an Unlawful Detainer and an eviction. The Landlord is not waiving any of its rights in this regard.
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