Leesburg, VA asked in Real Estate Law for Virginia

Q: I have a tenant who is late on rent the last few months. I have given her time considering COVID situation. Options?

I have given her time as its pandemic situation. But she has not been responding to my texts or calls. I have asked her multiple times about rent but she is not responding and refusing to meet me or let me into the Property.

What are my options as a landlord?

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1 Lawyer Answer
Elizabeth Crego
Elizabeth Crego
  • Licensed in Virginia

A: You can proceed with giving her a 5 day pay or vacate notice, and then filing an Unlawful Detainer in court five days after she receives that notice. The Unlawful Detainer, if granted by a judge, gives you the right to file a Writ for Eviction, which is what the sheriff uses to evict her. There are some procedural things to take into consideration, some of which have changed or will change due to COVID. I would at least check with the local court for their procedures before beginning this process, and I recommend speaking with an attorney to talk about your specific situation.

Also, you do have the right, as the landlord, to enter the property. You have to give reasonable (at least 24 hours) notice to the tenant before entering. She does not have to be there and does not have to meet you to discuss the rent issue, but she is legally obligated to pay rent.

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