Q: Can a landlord serve a 60 day notice and after 20 days issue a 5 day pay or quit notice in Roanoke Virginia.
Lease expired in May now it is month to month but no new lease since May the problem occurred because rent is owed for September and for October. The 5 day notice says that after 5 days he can take possession of house and anything in it.
A: When you fail to pay rent the landlord serves you with a written 5 day pay or quit notice in the first step towards an eviction. If rent is not paid within 5 days, the landlord then must file a summons for unlawful detainer in the court in which the property resides. Virginia does not permit landlords to engage in self help evictions for residential property.
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The 60 day notice and the 5 day notice are two different things. The 60-day notice says that the landlord will not renew your right to live in the rental unit and must move by the end date - this is whether or not you pay your rent.
The 5-day notice is because the landlord says you haven't paid your rent and it's behind. If you don't pay it, he can ask the court to remove you from the property. THIS WILL HURT YOUR CHANCES TO MOVE SOMEWHERE ELSE as if landlord files an Unlawful Detainer (eviction) that fact becomes public record and every other landlord in Virginia can see it and may not want to rent to you.
So, from the limited facts, (1) you'll have to move when the 60 days is up; (2) you'll have to move sooner if you don't pay the rent that's due and that will screw up your chance of finding a nice place to go; (3) the landlord can't make you move without a court order, but see above about the effect of him getting that.
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