Evicting a Bad Tenant
For landlords, time is money!
Every day that your tenant is not paying rent, destroying your property, or otherwise not honoring the lease, is a day that you will never get back.
Contact the Virginia Justice Group today and let us worry about the technicalities while you focus on your bottom line.Trust the Virginia Justice Group to help to make sure all legal requirements are met so you can stop losing money and get your property back faster.
Residential Evictions
Residential evictions are more difficult and complicated than ever in Virginia. In 2019 and 2021, a number of sweeping changes were made to the Virginia Residential Landlord Tenant Act. These changes have made ALL landlords, regardless of size, subject to each and every requirement of the Landlord-Tenant Act. Because of these changes, many landlords find themselves not knowing what exactly needs to be done in order to get a bad tenant evicted. They try their best, but then when they get in front of the judge, the case is dismissed because the legal requirements are not met. The most important legal requirements are the various notices that a landlord must serve on a tenant prior to initiating the eviction lawsuit.
Eviction Lawsuits in Virginia
In Virginia, an eviction lawsuit is called an Unlawful Detainer. In the Unlawful Detainer, you can pursue not only an eviction, but also economic damages, if any, including unpaid rent and late fees.
If your lease provides for it, you can also ask the court to award your attorney’s fees as part of the judgment as well.
Contact the Virginia Justice Group today to learn more about how we handle Unlawful Detainers and protect our landlords’ interests during these stressful actions.
Strategy Points
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The first mistake is doing it without a lawyer. Lawyers are uniquely prepared for eviction lawsuits because the know the rules of court and the requirements for an Unlawful Detainer. Other than that, the biggest mistake is not having ll of the proper legal notices served on the tenant at the time the Unlawful Detainer is filed.
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The answer to this question depends on why you are trying to evict the tenant. In some cases, we can get from the preparation and service of legal notices on the tenant all the way to eviction in a matter of weeks. Other times, it can take a few months to get to the point of eviction. Contact us today to review your particular case so we can give you a more accurate timeline.
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Unfortunately, this is too common. If your tenant has damaged the rental property you can either claim the property damage as part of the Unlawful Detainer case or you can file a separate lawsuit just to recover thos damages.
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Security deposits are addressed directly in the Residential Landlord Tenant Act. After a tenant vacates the rental property, you can withhold any portion or all of the security deposit if you have suffered damages due to the tenant. This includes unpaid rent and actual damage to the property. However, you must notify the tenant within 45 days of vacancy about the disposition of their security deposit, including a line-item list of deduction and a return of the deposit, if applicable.
Areas We Serve
Prince William County, Virginia
Manassas, Gainesville, Haymarket, Nokesville, Manassas Park, Woodbridge, Lake Ridge, Dumfries, Occoquan
Fairfax County, Virginia
Fairfax, Centreville, Chantilly, Fair Lakes, Reston, Herndon, Vienna, Tysons, Great Falls, McLean, Springfield, Burke, Annandale, Falls Church, Fairfax Station, Clifton, Lorton
Fauquier County, Virginia
Warrenton, Vint Hill, New Baltimore, Bealeton, Catlett, Broad Run, Marshall, The Plains, Midland, Remington, Calverton, Opal
Loudoun County, Virginia
Leesburg, Sterling, Ashburn, South Riding, Broadlands, Purcellville, Aldie, Lansdowne, Brambleton, Lovettesville, Round Hill, Hillsboro, Hamilton
Stafford County, Virginia
Stafford, Aquia Harbor, Falmouth, Fredericksburg
Start building your case today.
Submit a contact form and C.J. will call you to discuss the details of your case and outline a strategy for success.