Virginia Beach, VA asked in Landlord - Tenant for Virginia

Q: If a landlord accepted rent after an eviction can he still evict?

If a landlord started an eviction in March 10, 2020, accepted payment from you for the months of March, April, & May but, you went able to pay in June, can he evict you because of March?

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2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: If the landlord accepted the rent "with a written notice to the tenant that stated he/she accepted the rent with reservation of rights", he/she can keep the rent and continue with the Unlawful Detainer in Court. If no written notice was given by the landlord to the tenant "with the reservation of rights" language, the landlord loses the right to proceed with the Unlawful Detainer, but this must be presented to the Court.

Steven Krieger
Steven Krieger
Answered
  • Landlord Tenant Lawyer
  • Arlington, VA
  • Licensed in Virginia

A: Yes, but a new notice would have to be issued if you were able to fully catch-up. If you need to hire a lawyer, I'm sure anyone who responds would be happy to help. Good luck.

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