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LLinVA

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Posts: 186
Reply with quote  #1 
We gave the tenant a five day pay or quit notice a while ago, tenant owed for July and August. No response or communication with tenant since then. We then filed for the Unlawful Detainer. Court date hasn't occurred yet. Got a check in the mail today for July's rent and late fee. I assume I can accept rent with reservation and still move forward with the eviction.

Questions:
1-Is there a template form for the Acceptance of Rent with Reservation I can mail tenant? Any specific phrasing I need to use?
2-In general, after the pay or quit notice's 5 days and before the trial date do we HAVE to accept rent in full or is it only an option? If we accept can we still evict?

(I am new to property management, evictions, etc.. The company I work for is small and I am having to learn this all on my own.)
armybrat

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Posts: 16
Reply with quote  #2 
Do not accept rent if you intend to move forward with eviction. If you decide to keep it only accept cash, money order or cashier's check
LLinVA

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Posts: 186
Reply with quote  #3 
Too late.

What I read is that Virginia allows for an acceptance of rent with reservation which specifies that we can accept payment and still move forward as long as there are others issues to address and we send the letter stating it is with reservation.

I also contacted the courthouse and they said we could simply change the amount owed at the courthouse when we go for the trial.
armybrat

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Posts: 16
Reply with quote  #4 
Good luck! VA must be a LL friendly state
LLinVA

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Posts: 186
Reply with quote  #5 
Update:
He moved out the day of the court date so this tenant ended up not being a problem. 

We did have another tenant do the same thing though (we are evicting three). We had to apply it to the earliest amounts owed, but since the tenant still owed some money we got possession without issues. We simply had to let the judge know the new amount (not counting September rent since it wasn't included on the original filing). 

Judge was pretty clear, if you still owe money the landlord gets possession. He didn't even ask to see the letter about Acceptance of Rent with Reservation. We can move forward on the two properties we don't have the keys for yet.
BillHoo

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Posts: 17
Reply with quote  #6 
I'm a private home owner in Northern VA getting ready to serve the 5 day notice.  How long does it take from serving the letter to court date, to actual removal of the tenant?  She owes July and August.  the lease ended 31 July.
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Bill_H
LLinVA

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Posts: 186
Reply with quote  #7 
It is best to start your own thread.

I believe it is 5-day notice, then on day 6 you can file for a court date which has to be at least 2 or 3 weeks later. Then you have the court date. If you win, they have 10 days to appeal. After 10 days you file to have the sheriff actually evict, from which point they have 30 days to actually do it. So, in total it is a little over 2 months assuming there are no delays.
BillHoo

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Posts: 17
Reply with quote  #8 
Thanks.  That was all the info I really needed.
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Bill_H
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