Tenant Issues

[jillianleab]

What is the name of your state? VA

I rented a townhouse to two girls and after several months they decided they aren't getting along and wanted to break their lease. They sent a letter early Dec saying they will be out Jan 12 and will surrender their full security deposit as penalty for early termination. I pro-rated their rent (yes, that was nice of me), but included a pet deposit since they got a dog and never told me (their lease says they may own a dog, but must pay a pet deposit). I also added some damages on for some things that needed repair at my last walk-thru. Jan 5 passes and their rent is unpaid and considered late, so I file a 5-day notice. I never hear from either girl (sent e-mails, made phone calls), and on Jan 14, neighbors tell me no one has been home for days. So today I go by and can see the place is empty and go in to check out damages, etc. The entire place is TRASHED. There are bags of trash in every room, food in the fridge, dishes in the cabinet, and yes, even dog feces on the carpet. I didn't touch a thing since I had not technically been given possession and the last thing I want is to throw out their ice cream and get sued! I called each girl after leaving and got the run around about why the place is in such condition and why the rent isn't paid. They say they will get me a portion, possibly all of the rent by the end of tomorrow and clean the place out by the end of the week. They want to set up a "payment plan" to pay the full amount... something I don't think I'm willing to do.

What I would like to know is, can I still file an unlawful detainer if they don't pay and never turn over possession? If they clean the house, but don't pay the rent and try to turn over possession, do I have to oblige? Essentially, the property has been abandoned, but I'm not sure what my course of action should be since they notified me they were moving out, I accepted this, and they did, in fact, move out on said date (they just left all their junk behind - and dog poo!). Also, they left BEFORE the 5-days was up from the pay-or-quit notice. I think I managed to yell and scream enough today that they will pay and clean the house, but I'd like a contingency plan...

Thanks.

 

[Cvillecpm]

Tenant issues

I'm a Va property manager. You need to post the property as abandoned.....you can search VA L-T statutes online for this procedure - basically just put a note on the door that if they don't notify you within 7 days that they have NOT abandoned the property then you will retake possession in 10 days...send copies REGULAR mail to each roommate....you need to STOP calling them or being in contact with them....BECOME PROACTIVE

At the end of the 7 days, change the locks THEN take BEAUCOUP pictures of the property THEN have it cleaned.

THEN, with these costs KNOWN, you SUE THEM IN SMALL CLAIMS COURT which in VA now has a $5,000 limit.

If you don't know what you are doing, hire a professional property manager to manage your property or if you have the time, study how to be a REAL landlord...join local landlord/apt association, get educated, read Property Management for DUMMIES.....visit the MrLandlord website.

 

[jillianleab]

Thanks for your advice!

 

[Kazzie]

Not familiar with VA laws but I do know in most states unless you are handed the keys "in hand", you do not have legal possession. Since you have talked with your tenants and they claim they will be going back to clean up, you can't considered the place abandoned. Even though you agreed to a new agreement for them to leave early, they broke the agreement by not paying you the rent. You stated you already issued a notice, now go down to your local courthouse and file eviction proceedings. Good Luck