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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Landlord-Tenant
Satisfied Customers: 4198
Experience:  13 years of real estate experience including foreclosures, landlord tenant matters, residential sales and condo/coop matters.
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I own a commercial property in and the lease has been

Customer Question

I own a commercial property in Virginia and the lease has been expired and the tenant is giving me very hard time each month when it comes to rent, what are my options?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  KimberlyLaw replied 5 months ago.

Hello, I am an attorney and am happy to assist you today.

If the lease is expired, you don't have to allow the tenant to stay any longer. If consistent payments are an issue, it's time to ask them to leave.

Once the lease is over, the law does afford the tenant the right to stay, but only on a month to month basis, and if they pay their rent. So you need to give the tenant a notice asking them to move out by the end of August. You have to give a full 30 days notice from the first of the month, so that's why it's not until the end of August.

Then, once you provide that notice, you also have a claim against the tenant if they don't pay their rent. In that case, you can also evict them even before the end of August. But, it's important to go ahead and get that notice sent out to cover yourself, so you know for sure that you will be getting rid of this difficult tenant.

Please let me know if you have any questions about this.

Thanks

Kim

Customer: replied 5 months ago.
Do I have to file a case in court or just call Sheriff office after 30 day of notice?
Expert:  KimberlyLaw replied 5 months ago.

Yes, so once you have given the notice, and the time has expired, you are then able to file an eviction notice. I would not accept any payments at that point and go ahead and file the eviction action.

If you file now based on non payment of rent, you just proceed with the filing of the eviction action. You can't call the sheriff, he needs a court order first.

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