Kilmarnock, VA asked in Landlord - Tenant for Virginia

Q: My tenants lease expired last year in Virginia, so now month to month. I wish to sell the house and have given her a 45

Day vacate notice so I can renovate to eventually sell. Is this legal with current COVID guidelines?

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

A: Selling is not a basis to evict, but the expiration of the lease is a valid basis to evict in VA. If you decide to hire a lawyer to assist with the eviction, I'm sure anyone who responds would be happy to help. Good luck.

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

A: In Virginia and under the current CDC guidelines for evictions, a landlord can give a month-to-month tenant a 30 day written notice to terminate the month-to-month tenancy but if the tenant does not vacate the premises and continues to pay the monthly rent, the landlord is prohibited from evicting the tenant under the current eviction moratorium issued by the CDC.

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