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The tenant in my rental house has been late with rent since

Customer Question
May 1, 2016, when the...
The tenant in my rental house has been late with rent since May 1, 2016, when the lease was signed. She has not paid the rent for October and still owes me for late fees and yard work for September. I would like to serve her with a notice to vacate tomorrow. I will be going out of the country for 2 months beginning Oct. 17. Could eviction proceedings begin without my being here - if I handed it to a real estate attorney here in Virginia? Thanks.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Chesapeake, VA
JA: Has any paperwork been filed?
Customer: My name is John
JA: Anything else you want the lawyer to know before I connect you?
Customer: No paperwork has been filed. Tomorrow I was going to serve her with the 5 day notice to quit.
Submitted: 1 year ago.Category: Landlord-Tenant
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Answered in 1 minute by:
10/12/2016
Lawyer: LandlordTenantAnswer, Attorney replied 1 year ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 28,763
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LandlordTenantAnswer, Attorney replied 1 year ago

Yes, if you retained legal counsel, they could act on your behalf. They could start the proceedings and the eviction process. The problem which you may face though is if this is contested and goes to trial, you will need to appear to testify, unless the Judge would possible allow you to appear via phone. If the rent has yet to be paid for October, there is certainly a legal basis to provide the notice to cure or vacate and if she fails to do so, proceed with the eviction.

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Customer reply replied 1 year ago
Will the tenant be liable for the attorney fees and court costs?
Customer reply replied 1 year ago
I meant to indicate our fees.
Lawyer: LandlordTenantAnswer, Attorney replied 1 year ago

Yes, they would, if you prevail. A Judge would award you the cost, as you should not have to incur it.

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Customer reply replied 1 year ago
Thanks. That has helped.
Lawyer: LandlordTenantAnswer, Attorney replied 1 year ago

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated Thank you.

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Customer reply replied 1 year ago
If she pays only a portion of the total amount owed, could I still serve her with the notice to quit?
Lawyer: LandlordTenantAnswer, Attorney replied 1 year ago

Yes and you should not accept anything less then the full amount.

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Lawyer: LandlordTenantAnswer, Attorney replied 1 year ago

Please let me know if there is anything else. If not, I look forward to the positive rating above, at this time.

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LandlordTenantAnswer
LandlordTenantAnswer
LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 28,763
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Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.

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