Q: I want to sell my rental; my month 2 month tenant has been paying on time w/o any issues. Can I give them 30 day notice?
My tenants have been living in the home since 2013. My husband and I are trying to relocate to help my Mom out in Alabama. I need to sell the rental. With the Cares Act, can I give my current tenants 30 days notice so I can make changes to the house and get it on the market?
A: Where there is a month-to-month tenancy in Virginia, either the landlord or the tenant has the right to give the other party a written 30 day notice to terminate the tenancy and the written notice must be in compliance with the Code of Virginia or it is invalid.
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A: Yes, if you give 30 days notice, you should be able to evict if the tenant doesn't leave pursuant to the notice. I'm sure anyone who respond would be happy to help if you decide to hire a lawyer to assist with the eviction process. Good luck.
A: As the others have said, Yes.
My practical answer is different:
Do you really want to? It's possible that a purchaser - investor - would want a tenant who has a history of prompt payment. Talk with an experienced real estate agent and ask them.
AND by all means tell the tenant you're selling and give them the opportunity to negotiate with a new landlord or move - and maybe give them more time than 30 days.
HINT: tell the tenant if they keep the place real clean and cooperate with showings, and still occupy it when a contract that closes is entered, you'll give them $500 when the deal closes. (and do so). Best to have the tenant on your side.
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