Landlord Question and Answer Forum

Dear Sir/Madam, My property is in Alexandria, VA. I gave my tenant a 45-days-Lease Termination Notice (more than the required 30-days) on May 1, 2014. I also send him "Breach of Lease" Notice on May 17, for serious violations of Lease, which is already a ground for immediate eviction. Today is May 21 and my tenant does not bulge. He has no indication of moving out as he hasn't started to look for other houses, nor he is packing. I need him to be out before June 15th, as I live in another state, I bought tickets for the red eye flight so I can be there on 6/15 @ noon for the Final House Inspection per My Termination Notice. I have to start necessary repairs immediately, so I can sell my house fast in the high season of July. I am worried that my tenant is not going to move out by June 15th. I was told that because I gave a 30 days notice on May 1 - the lease ends on May 31, and if the lease ends on that day, then if he does not leave it is a holdover tenancy (regardless of my June 15th date on the Termination notice). Notices do not terminate leases? Is this the case? My Lease provides for double daily rent for each day Tenant does not move out. So, in the worst-case-scenario where it is June 15th and he is still there, and I give him 5-day-notice to pay or quit --- do I still need to go through court at that point? Is it more advisable to get Sheriff's notice and how to get one, please? I also red that "immediate possession" is way faster than "eviction". I am just trying to simplify and speed up the whole process in a cost effective manner. Based on my situation what is the best way to pursue and what's the procedure, please? Thank you for your propmt explanation! Sincerely, YS. You cannot terminate the lease on June 15 unless the lease expires then. read that "immediate possession" is much quicker than "eviction" on your site. Could you please explain as to what are my best options are and the procedure for the "immediate possession", please? I would be happy to send you my Lease and Notices. Thank you so much for your prompt help. Best regards, YS.

There is no speedy eviction. But it is easier to evict in the spring and summer as snow and cold temperatures will not delay the process. You will not be able to evict this tenant simply because they have not moved as they have not formally agreed to terminate the lease. You may be able to evict them because of the violation of the terms of the lease by them smoking in the property. But if you file on Thursday you may not get a court date until June. After the court date, assuming you win and there is not a delay for some reason, you will have to wait for the Sheriff to enforce the eviction or for the tenant to move out on their own. Keep in mind that you will have to incur the expense of providing workers to move items out of the house the day of the eviction. The Sheriff will not move the personal belonging of the tenant out of the house. They are just there to enforce the order of the court. What are you looking to get for the house?

Posted by Daryl J, DC on Wednesday, May 21, 2014