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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27196
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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The tenant in my rental house has been late with rent since

Customer Question

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: 9 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 9 months ago.

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

Expert:  RealEstateAnswer replied 9 months 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.

Customer: replied 9 months ago.
Will the tenant be liable for the attorney fees and court costs?
Customer: replied 9 months ago.
I meant to indicate our fees.
Expert:  RealEstateAnswer replied 9 months ago.

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

Customer: replied 9 months ago.
Thanks. That has helped.
Expert:  RealEstateAnswer replied 9 months 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.

Customer: replied 9 months ago.
If she pays only a portion of the total amount owed, could I still serve her with the notice to quit?
Expert:  RealEstateAnswer replied 9 months ago.

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

Expert:  RealEstateAnswer replied 9 months 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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