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Arya

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Posts: 3
Reply with quote  #1 
I am the downstairs occupant of a house owned by my wife. We served the upstairs tenant with a 3 day notice to have her unauthorized guest vacate.  The notice ran out at 4:15  I go to bed at 9PM and put a notice on the door that I had  locked the deadbolt (no key exists) for my security (I"m at at risk senior) and that she should call me if she needed to get back in.  She called at 10:19 and was let in within 3 minutes (probably less) the boyfriend was with her and I informed them IF he entered the wife would proceed with the eviction process.  Is this considered a lock out for legal purposes ?
LLinVA

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Posts: 227
Reply with quote  #2 
This all depends on the state's laws and the lease. The state should have specific procedures in place that say how you can evict someone and under what circumstances. Any gray area in the law should be clarified by the lease. If it is not outlined by either then you probably can't evict. 

In VA we would have to give a 30-day cure or quit notice where they would have 20 or 21 days (can't remember) to correct the lease violation (guest must leave) or else move out by day 30. Even then, it would have had to be in the lease that no guest can stay more than a certain number of days. 

Do a little research and if you can't get a clear answer then you should consult an attorney.
Arya

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Posts: 3
Reply with quote  #3 
Tenant and guest moved out prior to hearing for possession.  Lease said 4 days without written permission. Tenant and guest tried to claim our knowledge that he was staying there constituted permission. Waiting to consult with our attorney about the next step.  Apparently if the tenant leaves before the possession hearing then the eviction process is over and there will be no eviction on her record (I suspect they have done stuff like this before?) True nightmare tenants.  Claimed there were carpet larvae (on two month old carpet) and insisted we have exterminator in to spray.  We had an inspection and he didn't find anything but left traps.  Ten days later they said bed bugs and she had a rash.  THEY schedule a treatment and insist that we pay.  We say NO but we will let the exterminator they picked do an inspection at 10AM Myself the wife and building maintenance are there and at  10:15 no exterminator. Call them  she cancelled appointment because he were weren't doing a treatment and only an inspection. Reschedule for 11:30 They return at 10:40 and I tell her the Exterminator will be here at 11:30  She throws a fit and insists she has to go to work she's not prepared we can't enter her living space etc.  Her guest winds up attacking me 911 is called by the wife  and I'm treated for a laceration where he forced me into the door jam.  Exterminator arrives and does inspection, no active infestation found.  They bombard us with claims of bites (but wouldn't go to a Doctor to verify rash) It went on for three weeks until they finally moved out. Now waiting to speak to our attorney to see what recovery we can make and what we can deduct from the security deposit for unpaid and late rent. Mainly to see how HE can be a party for any habitability claim since he wasn't on the lease .........................  There might be people that need a place to stay and can't afford 1st and last and deposit but these two have ruined it for them.  We certainly will be a LOT more careful about credit and background checks if we decide to rent out the unit again.
RedLibrarian

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Posts: 24
Reply with quote  #4 
I have no advice. Just sympathy. Very sorry. A bad tenant is the worst. 
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One unit in complex of 100+
2x2
Property manager takes 10%, handles almost everything
Owned since 2009



BritneyR

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Posts: 232
Reply with quote  #5 
To avoid such situations, I would suggest you to hire a property manager. They are well-versed with tenant laws and can handle such situations easily.
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Hunter Rentals & Property Management

Arya

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Posts: 3
Reply with quote  #6 
So instead of just worrying about finding a decent compatible tenant to share my house. You think I should try to find a Property manager to manage one unit that's going to be worth what ever they charge ?  I think I'll just avoid renting to self indulgent irresponsible millennials :-)

Thomas
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