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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55708
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I am a homeowner and have a renter in a house in Nottoway

Customer Question

I am a homeowner and have a renter in a house in Nottoway County, VA that I want to evict. First, we sent the tenants a Formal Notice by certified mail asking for Feb. March and April back rent by May 1, 2017. To date we have not heard from tenants nor received rent. My next step is to file a Summons for Unlawful Detainer. We were trying to work with these tenants. But since we have not heard anything from these tenants I am asking for all of the rent that is owed to us. The fact of the matter is that they owe rent from November 2016 through May 10, 2017. My question is do I have to send an additional Formal Note to the tenants with the total rent due to us? And do I need an attorney to represent us in this matter?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: This in Crewe, VA, which is in Nottoway County.
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, on the forms it asks for damages. Now according to the insurance company in Crewe, VA we could not put insurance on the house because the tenants had 6 abandon cars in the yard along with other debris. So, can we claim that as damages?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Richard replied 5 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 5 months ago.

Good morning. Yes, there is one more notice you must give them before filing the unlawful detainer. You will need to deliver (by certified mail or independent courier so you have proof it was sent and when) a 5-Day Notice to Quit...which gives them 5 days to leave before you file the unlawful detainer action. And, yes, you are also entitled to pursue damages for unpaid rent and damages in excess of any deposit they've posted.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 5 months ago.
Okay, so how do I calculate the damages for not being able to put insurance on the house because of the tenants having debris in the yard?
Customer: replied 5 months ago.
No, I guess I can go see an attorney in Nottoway County since I have to go there anyway. I just wanted to have all my documents completed before hand.
Expert:  Richard replied 5 months ago.

Thanks for following up. If you suffered any actual damages due to being uninsured..or will suffer in the future....such as higher insurance rates due to it being uninsured for some time...or, if you have an uninsured loss, you can recover those damages. And, if you have to pay to move and/or clean up the property, you can get damages for that as well.

Expert:  Richard replied 5 months ago.

I apologize for the phone call request you received. JustAnswer sends those out independently of the experts and we have no control over them. There's no need for a phone call as I'm happy to help through this thread. :)

Customer: replied 5 months ago.
I would need to get an estimate of how much it would cost to remove all of the debris out of the yard and put that amount down as my damages?
Expert:  Richard replied 5 months ago.

That is correct.

Customer: replied 5 months ago.
Okay, I think you have gave me the information I need to get this started. But I the Formal Notice I sent did not have the complete amount of rent due. Do I have to send another Formal Notice with that amount before sending a 3-Day Notice to Quit
Expert:  Richard replied 5 months ago.

You do not.

Customer: replied 5 months ago.
Okay, thank you for your time and information.
Expert:  Richard replied 5 months ago.

You're very welcome! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

Customer: replied 5 months ago.
Okay
Expert:  Richard replied 5 months ago.

If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!