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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27615
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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The first month's rent check was returned. he has a two-year

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the first month's rent check was returned. he has a two-year lease. i have sent a demand letter for the returned check. he has not made any payment. he has not responded to my emails and do not answer phone calls.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. I certainly understand the situation and your concern. If the tenant has not paid rent, landlord must give the tenant a “Pay or Quit” notice. This notice gives the tenant five days to pay the rent or vacate the property from the date tenant was served with notice. See Va. Code § 55-225. If tenant pays the overdue rent, tenant has the right to remain in the property. Assuming the tenant does not pay the overdue rent, the next step requires the landlord to file a summons for unlawful detainer. After providing proof to the court that proper notice was given, the court will issue a summons to the tenant with a “first return date" and the eviction process will begin. The court issues a Summons for Unlawful Detainer and assigns a date when the landlord and tenant have an opportunity to appear.
If the judge rules in favor of the landlord (plaintiff), the tenant (defendant) is granted a 10-day appeal period. After the 10-day appeal period, the plaintiff files a Request for Writ of Possession in Unlawful Detainer Proceedings with the clerk of the General District Court.
The court sends the Writ of Possession for the plaintiff to the Sheriff's Office. The Sheriff's Office has 30 days from the court's signing to execute the document. The Sheriff's Office contacts the plaintiff with the scheduled date and time of the eviction.The defendant is given a minimum of 72 hours notice prior to the scheduled eviction.
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Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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