30-Day Non-Remedial Breach Notice

[jillianleab]

What is the name of your state? VA

I am a landlord, relativley new at this. I currently have two tenants leasing a townhouse who have been trouble from the start. I have to fight every month to get their rent, and for the last 3 months have had to file 5-Day Pay or Quit notices. I have been informed by members of the neighborhood the gentleman gets phsycally abusive with his girlfriend (those are the two named on the lease) and her father (who is living there, but not on the lease). He has also gotten into screaming matches with neighbors in which the police have been called. His car has been towed several times for not being up to date with it's county tags. Basically, they are a huge pain, and I'm ready for them to go.

My county offers a 30-Day Notice of Non-Remedial Breach that I can file to get them out. Can I cite non-payment of rent on this (if I don't receive it on time next month, that is)? Should I add that an unauthorized person is living in the property? Can I add anything about his disruptive behavior to the neighborhood? I don't think this will actually get taken to court, I think they will leave if I file the notice, but I want to safeguard myself. The LAST thing I want is two tenants living in my property who have a vendetta because I tried to evict them and they won because of something I didn't do properly.

Thanks in advance for any help.

 

[acmb05]

What is the name of your state? VA

I am a landlord, relativley new at this. I currently have two tenants leasing a townhouse who have been trouble from the start. I have to fight every month to get their rent, and for the last 3 months have had to file 5-Day Pay or Quit notices. I have been informed by members of the neighborhood the gentleman gets phsycally abusive with his girlfriend (those are the two named on the lease) and her father (who is living there, but not on the lease). He has also gotten into screaming matches with neighbors in which the police have been called. His car has been towed several times for not being up to date with it's county tags. Basically, they are a huge pain, and I'm ready for them to go.

My county offers a 30-Day Notice of Non-Remedial Breach that I can file to get them out. Can I cite non-payment of rent on this (if I don't receive it on time next month, that is)? Should I add that an unauthorized person is living in the property? Can I add anything about his disruptive behavior to the neighborhood? I don't think this will actually get taken to court, I think they will leave if I file the notice, but I want to safeguard myself. The LAST thing I want is two tenants living in my property who have a vendetta because I tried to evict them and they won because of something I didn't do properly.

Thanks in advance for any help.

Certainly you can, however if you try to get them out that way I don't think you need to give the 30 day notice only the 5 day notice to pay or quit, at which time they would have the 5 days to pay rent and if they do then you start all over the next month. If they don't pay then you start eviction proceedings.

In order to use the Non-Remedial Breach you will have to have something in the lease that they breached

 

[jillianleab]

I've been filing the 5-day notices, and they always manage to come up with the payment before the 5 days has passed. That's why I was hoping I could file the 30-day with non-payment alone on it. I'll have to take a closer look at their lease to see if I can find something they are in violation of; something in addition to the man who lives there and is not on the lease.