THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, March 11, 1995 TAG: 9503090299
SECTION: REAL ESTATE WEEKLY PAGE: 02 EDITION: FINAL
COLUMN: Landlords & Tenants
SOURCE: Albert Teich Jr.
LENGTH: Medium: 72 lines
I have a tenant who is several months behind in his rent. I find that it takes a long time before we can even get an unlawful detainer in some of the local courts. It looks as if it will take at least a month to six weeks to have the case heard.
I do not want to allow my tenant to get any further behind in rent. I think I have been very lenient in allowing the tenant to stay as long as I have.
Why can't I just go ahead and tell the tenant to be out by a specific date and, if he does not move, then just show up with a crew of men and move him out?
It's my house. The tenant has not paid the rent. Why should I have to go through all of the legal procedures when it only causes me greater damage?
First of all, don't try to engage in self-help and move the tenant without the due process of law. If you try this, the tenant could prosecute you, probably for several charges.
One would be trespassing. Another charge might be conversion of property. You could even be charged with assault and battery.
The law says that if a landlord wants to evict a tenant, a procedure must be followed. The landlord must go to court and obtain a judgment and an eviction order, and then have the tenant evicted by the proper authorities.
When a person rents property to a tenant, the tenant basically becomes an owner of that property for the period of the lease and a landlord has no right to go upon the property unless in accordance with the terms of the lease or for necessary inspections and repairs for which the landlord is obligated.
The law in Virginia prohibits self-help as you seek. The landlord must go through the property procedures prescribed by the Code of Virginia in order to obtain a court order to evict the tenant.
Once having received that eviction order, the landlord must then go to the proper authority and have that office evict the tenant.
Never try to engage in self-help in evicting a tenant. It not only may be hazardous legally, but it certainly has the potential of becoming hazardous to your personal safety and well-being. Next time, do not let your tenant get so far behind in rent. Assigning late charges
My question concerns collecting rent from my tenants. The rent is due on the first of the month. They have until the 5th before the late fee is tacked on.
If I do not have the rent on the 5th, may I file an unlawful detainer on the 5th or do I have to wait until the 6th to file with the court? I have only four rental properties at this time.
One can never second guess how a judge would rule in General District Court, but my interpretation, from your information, is that the rent is due on the first of the month, and if it isn't paid by the first, you could obtain an unlawful detainer warrant against your tenant.
Some might say that if you place in your lease a grace period before the late fee is tacked on, that this in effect gives your tenant the right to wait until the 5th and, therefore, he is not in breach of his contract.
I do not interpret the contract that way but, as I said, never try to second guess how a court will rule.
As far as your late fee is concerned, I would like to know whether your lease says if the rent is not paid before the 5th, then the late fee will be assessed, or if not paid by the 5th, then the late fee will be assessed.
The words in your lease will govern your right to assess the late fee. MEMO: Albert Teich Jr. is a real estate lawyer based in Norfolk. Send
comments and questions to him at Real Estate Weekly, 150 W. Brambleton
Ave., Norfolk, Va. 23510. by CNB